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(영문) 서울중앙지방법원 2018.05.11 2016가합26377
공사대금
Text

1. Of the Plaintiff’s instant lawsuit, the part demanding KRW 86,818,174 is dismissed.

2. The defendants are individually against the plaintiff succeeding intervenor.

Reasons

Basic Facts

Article 9 (Work Period)

3. The date of completion refers to the date the Plaintiff completed the construction work and requested the Defendants to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 16 (Extension of Work Period)

1. Where the performance of construction works is delayed due to reasons not attributable to the Plaintiff, such as a cause attributable to the Defendants, natural disaster, or force majeure event, the Plaintiff may request in writing the Defendants to extend the construction period.

4. When the Defendants approved an extension of the contract term under Paragraph 1, they shall not impose penalty for delay on the extended extension.

Article 19 (Adjustment of Contract Amount Due to Modification of Design)

1. When the contents of the design document do not coincide with the condition of the construction site, any uncertainty, omission or error exists, or when unexpected circumstances arise in relation to construction, or when installation of additional facilities is required due to the modification of the business plan, etc., the Defendants shall modify the design;

2. Where an increase or decrease in the quantity of construction works has occurred due to the modification of a design as referred to in paragraph (1), the contract amount shall be adjusted according to the following standards, and if necessary, the construction

1) The unit price for the increased or decreased construction works shall be determined by mutual consultation on the basis of the unit price indicated in the calculation sheets under Article 8.2) The unit price for the new construction works not included in the calculation sheets shall be the unit price calculated at the time of the modification of the design.

3) General management expenses, profits, etc. for increased or decreased construction works shall apply to the rate indicated in the calculation sheet. Article 27 (Compensation for Delay)

1. When the plaintiff fails to complete the construction within the deadline for completion, he/she shall pay to the defendants an amount calculated by multiplying the contract price by the rate of liquidated damages in the contract for each number of days delayed.

However, the inspection of completion has been delayed due to a cause attributable to the Defendants, and on any of the following grounds:

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