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(영문) 광주고등법원 2016.12.14 2015나13989
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Basic facts

A. (1) On March 14, 2011, the Plaintiff entered into a construction contract between the Defendant and the Defendant for the construction to enter into force the contract with the Defendant for the term “154kV S/P-T/L removal tower construction” of KRW 706,430,801, and the construction period from March 16, 201 to August 12, 2011 (hereinafter “instant contract”).

A. The Defendant started the construction work.

The details of the instant contract related to the instant case are as follows.

Construction Contract Documents

2. Construction name: 154km/P from No. 154kV Nos. 1 to 3

3. Contract amount: Not less than KRW 706,430,810 (Won 706,430,810).

9. Date of commencement: On October 16, 2011, the date of completion: In entering into the construction contract above on December 12, 2011 (150 days), the other party to the contract promises to accept all the terms and conditions of this contract, such as tender for construction works, construction contract terms, general conditions of construction contract, special conditions, design and site descriptions, etc., as part of this contract, and to complete this construction within the deadline for completion, and the joint and several sureties promises to fulfill the contractual obligations jointly and severally with the other party to the contract.

The other party to the contract: Article 19 (Modification, etc. of Design) (1) of the General Conditions of the Contract for Construction of the Plaintiff-Seoul Headquarters for Gwangju Special Metropolitan City shall be as follows:

1. Where the contents of the design document are unclear, or there are 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 substantial effects, such as reduction of construction costs and reduction of construction period.

4. Other cases where the project owner deems it necessary to modify the design documents, etc. (1) The other party to the contract shall be made to use the geological features, water and water during the implementation of the project.

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