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(영문) 대구지방법원 2015.02.13 2013가단52889
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 5, 2012, the Plaintiff was awarded a contract for construction period from the Defendant (the Office of Education in Pyeongtaek-do) to the construction cost of KRW 507,198,348 (the increase in the original construction cost in KRW 498,720,348) for the multi-purpose lecture and other construction works of the water field elementary school located in the Gyeongcheon-gun (hereinafter “instant construction work”).

B. After that, on October 2012, the Plaintiff applied for the extension of the construction period of the instant case due to the reasons, such as the long-term steel and harshly and typhoon.

In this regard, the Defendant reported the volume of rainfall on the day of affecting the temporary construction, earth construction, and reinforced concrete construction to at least 5m, causing interference to the class of students due to the number of days delayed, 35 days of the number of days delayed, noise and dust generated at the time of removal of existing accommodation rooms in the site scheduled for the extension of the Multi-Purpose Party, and thus, the number of days delayed, 4 days delayed, 4 days of the number of days delayed, the number of days required for the examination of construction methods most appropriate for securing the space of work, and 43 days of the completion date of the completion of the completion of the construction by changing the construction period from November 6, 201 to December 19, 2012, and thereby extending the construction period of this case to 43 days.

C. However, on February 8, 2013, the date of completion of the instant construction project, the Plaintiff paid KRW 25,318,470 as agreed compensation for delay during the delayed construction period (0.1%) after completing the instant construction project on February 8, 2013.

[Ground of recognition] No dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5 (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Since the Plaintiff’s scheduled completion of the instant construction works has been postponed, it was inevitable due to the brush and harsh weather, etc., the Plaintiff could not properly proceed with the instant construction works, and thus requested the Defendant to suspend the construction and extend the construction period during the said period, but the Defendant did so.

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