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(영문) 광주고등법원 2018.03.30 2017나10496
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On November 13, 2012, the Defendant entered into a contract for construction works with the Plaintiff on November 13, 2012: (a) concluded a contract with the Plaintiff for the construction of a new building for the instant construction project on the land outside B and six lots (hereinafter “instant building”); (b) the construction period of KRW 5,104,00,000; and (c) from December 1, 2012 to October 30, 2013; (d) extended the construction period between the Plaintiff and the Plaintiff by January 31, 2014 but extended the re-construction period by April 30, 2014.

(hereinafter referred to as the “instant contract”). B.

The main contents of the instant contract are as follows.

【Standard Contract for Private Construction Works】 (Amendment)

3. Date of commencement: The date scheduled for completion on December 4, 2012: April 30, 2014 (the period before alteration: December 1, 2012 to January 31, 2014);

5. Contract amount: Value-added tax of 4,640,000,000 won: 464,000,000 won;

7. Advance payment: Marking under Article 11 on the special agreement.

8. Amount completed: 11. A mark 11 of the special agreement: 0.1% (Matters under special agreement) of the amount for delay.

1. The defendant shall execute the project on the basis of the permitted drawings and estimates.

5. The Defendant’s support and cooperation is for the construction work of the contracting work (such as heating, cooling, interior, broadcasting, special lighting, etc.) ordered by the Plaintiff directly.

6. The floor bed and executed by the Defendant, marked on the design drawing as a interior works;

7. The interior works are directly executed by the Plaintiff, and the parts that overlap between the interior works and the Defendant’s construction works in the course of the construction are to be settled in consultation with the ordering party and the parts that are included in the Defendant’s specifications.

11.The timing for the payment of a lump sum shall be:

765,600,000 won 765,600,000 won 765,60,600,000 won 3rd floor concrete in the first floor after the construction of the outside mold 4th, and 765,60,600 won 765,60,000 won 765,60,000 won 765,60,000 won.

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