(영문) 광주지방법원 2017.01.10 2015가단515696

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(영문) 광주지방법원 2017.01.10 2015가단515696

손해배상등 청구의 소

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1. The Defendant’s KRW 6,800,000 as well as the annual rate of KRW 5% from March 5, 2016 to January 10, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On May 30, 2013, the Plaintiff and the Defendant entered into a contract with the Defendant, and the Plaintiff entered into a contract with the Defendant to set up a contract for the construction work that the Plaintiff establishes the instant construction work to the Defendant, which is located in the order of harmony or in the order of first quarter from May 31, 2013 to November 26, 2013 (hereinafter referred to as “instant construction work”). The contract amount of KRW 1,658,094,034 (hereinafter referred to as “instant contract”).

B. While the Defendant, upon the commencement of the instant construction works and the commencement of the instant construction works and the conclusion of the modified contract following the design change, there was a reason to modify the design of the instant construction works due to the occurrence of cancer in the ground-breaking section, and the occurrence of any obstacle different from the original design as a result of the test-breaking, etc. As such, the Plaintiff and the Defendant entered into a modified contract with the content that the construction cost of the instant contract would be increased from KRW 1,658,094,034 to KRW 1,88,040,000 (hereinafter “instant modified contract”).

C. Major terms and conditions of the instant contract attached to the instant contract are as follows.

Article 1 (General Provisions) The public official in charge of contracts (referring to the plaintiff) and the other party to the contract (referring to the defendant) shall implement with respect to the contract for the construction work which is entered in the standard contract for the construction work (hereinafter referred to as the "contract"), on the basis of the principle of good faith and sincerity, as stipulated in the contract document stipulated in

Article 2 (Definitions) The definitions of terms used in these terms shall be as follows:

4. "Design" means a bill of quantity of materials for each construction specifications, design drawings, site descriptions and each type of work (including the quantity required for the installation of snow materials; hereinafter referred to as "bill of quantity"), and the following specifications shall not be included in the design:

(b)

6. The term “design drawings” means:

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