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(영문) 서울중앙지방법원 2015.05.29 2014가합535273
공사대금
Text

1. The Defendant’s KRW 9,966,100 as well as the Plaintiff’s annual rate of KRW 5% from December 10, 2012 to May 29, 2014.

Reasons

1. Basic facts

A. The instant contract is concluded 1) On February 28, 2012, 2012, the Yeongdeungpo-do Regional Maritime Port Authority, Jindo-do Maritime Traffic Facilities Office under the Ministry of Oceans and Fisheries, which belongs to the Defendant, for the restoration of the Magdo Magdo Mag-do Magdo Mag-do (hereinafter “instant construction”).

(2) As to the notice of the instant tender notice under the Electronic Tender Notice No. 2012-06, No. 2010, 1.40 billion won, 1.4 billion won, 1. 2. 3. 1 type, 1 type, and 2.40 days from the date of the commencement of the construction period (including holidays).

(2) On March 21, 2012, the Plaintiff entered into a construction contract with the Defendant for the construction work of KRW 1,212,741,00, and the construction period from March 27, 2012 to November 21, 2012 (hereinafter “instant contract”). The Plaintiff entered into a construction contract with the Defendant for the construction work of KRW 1,212,741,00 (hereinafter “instant contract”).

In addition, the provisions related to the instant case among the general terms and conditions of the instant contract for construction (hereinafter “instant general terms”) and the “Government Tender and Contract Execution Standards” (hereinafter “instant execution standards”) which form the contents of the instant contract are as follows.

Article 19 of the General Conditions of the Construction Contract (Modification, etc. of Design) (1) Design changes shall be made in cases falling under any of the following subparagraphs:

1. Where the contents of the design document are unclear, or there are omissions, errors, or contradictions among them;

2. Where the state of the construction site, such as geological features and water supply, differs from the design drawing;

3. Where the use of a new technology or method of construction has significant effects, such as reduction of construction costs and reduction of construction period, etc.

4. Other cases where the authority awarding the contract deems it necessary to revise the design documents, etc. (1) The other party to the contract shall, when he/she fails to complete the construction works within the deadline for completing the construction (referring to the deadline for submitting a report on completion under the contract; hereinafter the same shall apply), the contract price for delay fixed in the contract by every number of days of delay.

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