(영문) 서울고등법원 2018.08.14 2017나2069312

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(영문) 서울고등법원 2018.08.14 2017나2069312

약정금

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1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. Facts of recognition;

A. 1) On February 3, 2009, the Plaintiffs constituted a joint supply and demand organization (hereinafter referred to as the “instant construction project”) and from the Defendant, the MineIC-Medical Road Expansion Corporation (hereinafter referred to as the “instant construction”).

(2) On June 12, 2009, the Plaintiffs and the Defendant concluded a construction contract with respect to the instant construction work on June 12, 2009, setting the contract amount of KRW 31,274,848,00 with respect to the instant construction work, and the date of completion as of February 2, 2012, and concluded the contract amount of KRW 31,274,848,848,000 with respect to the total construction period of February 3, 2009, KRW 10,000 with total construction period of KRW 1,00,00,000 with total construction period of KRW 1,00,00,000 with total construction period of KRW 1,080 (180,000 after the date of its commencement), and changed the contract amount to the total amount of KRW 31,274,84,00,008,3084,781,2784,2784,27,2708.

AB concluded the agreement.

Article 11 (Securing Construction Sites) (1) An ordering agency shall secure construction sites and deliver them to the counter-party by the date on which the counter-party to the contract needs to perform the construction works, except as otherwise provided in the contract documents.

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

(3) The modification of design under paragraph (1) shall be completed before the construction of the parts for which the design modification is required.

Article 26 (Ex Post Facto Extension of Contract Period) (1) If a cause or event referred to in any subparagraph of Article 25 (3) occurs within the contract period, the other party to the contract shall immediately apply for the extension of contract period to the public official in charge of contracts and the construction supervisor, along with the revised process table under Article 17 (1) 2, before the contract period expires

Provided, That the same shall apply where the ground for extension has occurred within the contract period and the contract period expires.

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