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(영문) 서울고등법원 2016.03.10 2015나2032781
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. The contract of this case 1) On February 28, 2012, the Yeongdeungpo-gu Regional Maritime Port Authority, Jindo-do Maritime Traffic Facilities Office under the Ministry of Oceans and Fisheries under the jurisdiction of the defendant, the defendant, on the part of February 28, 2012: The term “the construction of this case” means the construction of the water-based water-based water-based water-based water-based water-based water-based water tank changes in the surface of the water that is not exposed above the water even if the normal part of the Ba is low: The water-water tank changes that is installed to prevent accidents caused by underwater rock and to clearly verify the sea route of the ship (hereinafter “instant construction”).

(1) As to the notice of the instant tender (hereinafter referred to as the “instant tender notice”), the notice of the instant tender shall be 1.4 billion won per expected amount, 1 type of excavation 1 and 2.40 days from the date of commencement of the construction period, 1 type of auxiliary equipment, 2.40 days from the date of 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”).

Article 19 (Modification, etc. of Design) of the General Conditions of Construction Contract (hereinafter “General Conditions of Construction Contract”) that forms the contents of the instant contract for construction works and Article 19 (Modification, etc. of Design) (1) of the General Conditions of Construction Contract shall be any of the following cases:

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) When the other party to the contract has failed 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), each number of days of delay.

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