(영문) 서울동부지방법원 2015.08.13 2014가합104405

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(영문) 서울동부지방법원 2015.08.13 2014가합104405

손해배상(기)

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1. The Defendant’s KRW 198,590,000 for the Plaintiff and 5% per annum from November 21, 2014 to August 13, 2015.

Reasons

1. Basic facts

A. On August 16, 2007, the Defendant entered into an agreement with the Young-gun on the purport that the Defendant would create and operate “B” (hereinafter “instant golf course”) in Young-gun A, Young-gu, Young-gu. The main contents of the agreement are as follows.

1) The Young-gun shall allow the Defendant to use and benefit from the site of the instant golf course without compensation (the period of free use shall be until the Defendant withdraws the investment cost).

A) In the event that there exist obstacles, such as obstacles to the land within the instant golf course site, the Young-gun shall remove such obstacles within two years from the date of the agreement. (2) The Defendant shall contribute the completed golf course to the Young-gun on the premise that he/she should gratuitously use and benefit from the completed golf course in order to recover the investment cost, and for this purpose, the Young-gun shall guarantee the Defendant the right to operate and manage the instant golf course.

The defendant shall transfer the right to operate the golf course of this case to Young-gun after the recovery of investment costs.

B. On November 22, 2010, the Plaintiff entered into a contract for the instant golf course construction that the Defendant ordered through the Public Procurement Service.

Some of the terms and conditions of the construction contract applicable to the above contract are as follows:

Article 19 (Modification, etc. of Design) (1) Design changes shall be made in any of the following cases:

(3) The modification of design as referred to in the provisions of paragraph (1) shall be completed before the execution of the parts requiring the modification of design.

Provided, That where it is necessary to perform construction works urgently, such as where delay in the performance of construction works is likely to cause a deterioration in quality, the public official in charge of contracts may specify the timing, etc. of design change in consultation with the other party to the contract, and may allow the preferential construction before completing

Article 20 (Adjustment of Contract Price according to Modification of Design) (1) A public official in charge of contracts shall change the method of executing a design modification, change of input materials, etc.

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