1. The Defendant’s KRW 5,113,020 as well as its annual 6% from December 12, 2018 to April 23, 2020 to the Plaintiff.

Basic Facts

On December 14, 2016, the Plaintiff entered into a construction contract for the construction of a newly-built restaurant (hereinafter referred to as the “instant contract”) with the 3rd Army Team affiliated with the Defendant (hereinafter referred to as the “Defendant”) on the following terms:

Contract amount: The date of commencement of construction work of KRW 1,328,812,00: December 19, 2016: The date of completion of construction: Gyeyang-si on October 31, 2017, the head of Seoyang-si rendered a construction permit on August 24, 2017.

The Plaintiff and the Defendant entered into a modified contract as described below:

On October 20, 2017, 1,328,812,000 for reasons for changing the construction period of the contract date (the original construction period) from October 14, 2016 to February 25, 2018, the Plaintiff completed the instant construction work around the date of completion of the construction work stipulated in the said final amendment agreement, from October 23, 2017 to December 14, 2016, to December 31, 2016, 200 for air extension.

On the other hand, among the general conditions of the construction contract applicable to the instant contract (amended by the Ordinance of the Ministry of Strategy and Finance No. 470, Dec. 18, 2019) related to the instant case are as follows.

Article 23 (Adjustment of Contract Price Following Amendment to Terms and Conditions of Contract) (1) Where it is necessary to adjust the contract price due to a change in the terms and conditions of contract, such as a change in the period of construction, transportation distance, etc., in a contract for a construction project, a public official in charge of contracts shall adjust it within the extent not exceeding actual expenses according to the changed details, and shall apply Chapter XIV of the Guidelines for the Enforcement of Government Tenders and Contracts (Calculation of Actual Expenses)

Article 47 (Temporary Suspension of Construction Works) (1) The construction supervisor may suspend the performance of all or part of the construction work in the following cases:

In such cases, the other party to the contract shall not neglect the duty of due care of a good manager during the suspension period.

1. Where the implementation of construction works does not conform to the terms and conditions of the contract;

2. The safety of the Corporation in whole or in part;