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Reasons
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(영문) 서울고등법원 2019.01.08 2018나2036449
지연보상금 청구의 소
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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiffs' claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. Prior to the merger, A Co., Ltd. (the former A Co., Ltd. was merged with E Co., Ltd. on September 2, 2015, and E Co., Ltd. changed its trade name on the same day to A Co., Ltd.; hereinafter “Plaintiff A”) and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) constitute a joint supply and demand company (investment ratio A85%, Plaintiff B15%) and a joint supply and demand company (hereinafter “Plaintiff B”) that received “C Corporation” (hereinafter “instant Corporation”) from the Defendant, and the Defendant is the owner of the instant Corporation.

B. On August 11, 2008, the Plaintiffs entered into a contract for construction works with the Defendant (hereinafter “instant contract for construction works”) (hereinafter “instant contract”). Of the instant contract for construction works and the general conditions and special conditions of construction contracts incorporated into the instant contract for construction works, the key contents of the instant contract are as follows.

[Written Contract for Construction Works]

1. Contract number: F;

2. Construction name: The instant construction project;

3. Contract amount: Japanese gold sale sale price 20,884,281,000,000 (in nex 18,985,710,000 nex nex nex: 18,985,710,000, value-added tax: 1,898,571,000);

9. Date of commencement: The date of completion on August 10, 2008: December 13, 2012 (1280 Days of Construction Contract) (1) Except as otherwise provided for in contract documents, the project owner shall secure construction sites and deliver them to the counter-party to the contract by the date on which the counter-party to the contract needs to perform the construction works.

Article 23 (Adjustment of Contract Amount Due to Amendment to Terms and Conditions of Contract) (1) Where it is necessary to adjust the contract amount due to a change in the terms and conditions of contract, such as a construction period, a change in transportation distance, etc., in addition to cases under Articles 20 and 22, the ordering person shall adjust the contract amount within the extent not exceeding actual expenses according

Article 24 (Emergency Measures) (1)

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