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(영문) 서울남부지방법원 2016.09.08 2015가합110974
추가공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) Article 25 of the General Conditions of the Construction Contract for Construction Works (hereinafter “General Conditions of this case”) (1) When the contractor fails to complete the construction works within the deadline for completion as stipulated in the contract, he/she shall pay in cash the amount calculated by multiplying the contract price by the rate of liquidated damages as stipulated in the contract for delay every number of days.

(3) When a contracting officer deems that construction has been delayed because it falls under any of the following subparagraphs, he/she shall not include the relevant number of days in the number of days under paragraph (1):

1. Cases due to force majeure events prescribed in Article 32;

3. Where the commencement of construction has been delayed or construction has been suspended due to the responsibility of the authority awarding the contract, Article 26 (1) (1) Where a ground falling under any subparagraph of Article 25 (3) occurs within the contract period, the other party to the contract shall immediately apply for extension of the contract period to the contracting officer and the construction supervisor in writing, attaching the revised process table for Article 17 (1) 2, before the contract period expires;

Provided, That where the ground for extension expires due to the occurrence of the period of contract within the period of contract, an application for extension of the contract period shall be filed immediately after the ground terminates.

(2) When a contracting officer receives an application for extension of the term of contract under the provisions of paragraph (1), he/she shall immediately investigate and confirm such fact and take necessary measures, such as extension of the term of contract, so that construction works

(4) Where the contract period is extended under the provisions of paragraph (2), the contract amount shall be adjusted within the scope not exceeding the actual expenses according to the changed contents under the provisions of Article 23.

Article 32 (Act of God) (1) Force majeure shall be responsible for all parties to a contract due to the occurrence of an event, such as typhoon, flood, or other bad weather, war or incident, earthquake, fire, infectious disease, riot, or other situation which makes the control of the parties to the contract early.

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