(영문) 창원지방법원진주지원 2015.10.07 2013가합1115

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(영문) 창원지방법원진주지원 2015.10.07 2013가합1115

손해배상(기)

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1. The Defendant’s KRW 246,083,041 as well as the Plaintiff’s annual 5% from May 28, 2013 to October 7, 2015, and the following.

Reasons

1. Basic facts

A. On December 9, 2008, A entered into a subcontract with the Plaintiff (the former trade name: White Landscaping Development Co., Ltd.) for the construction cost of landscaping facilities (hereinafter “instant construction”) among B tourist destination landscaping works, by setting the construction cost of KRW 2,457,280,000, and the construction period from December 28, 2009 to April 30, 2010.

(hereinafter collectively referred to as the “instant subcontract”). After all, a contract was concluded to extend the construction period and increase the construction amount as described below with respect to the instant subcontract as follows.

B. On June 30, 201, a three-time contract date, the Defendant acquired the instant subcontract as indicated below, and entered into four-time contracts between the Plaintiff and the Plaintiff regarding the extension of the construction period and the increase of the construction amount.

C. The main contents of the instant subcontract (four-time contracts) are as follows.

Article 7 (Guarantee of Performance of Contracts and Payment of Contract Price) (1) The plaintiff and the defendant shall guarantee each other the execution of contracts and the payment of contract price by the following methods:

(2) The guarantee between the Plaintiff and the Defendant under paragraph (1) of this Article shall be paid in cash or a letter of guarantee under any of the following subparagraphs:

(7) The deposit paid by the plaintiff and the defendant shall be refunded to the other party to the contract without delay after the contract is fulfilled.

Article 14 (Change or Suspension of Construction Works) (1) When the defendant deems it necessary or changes the contents of construction works at the request of the project owner or temporarily suspends all or part of the additional construction works, he shall deliver to the plaintiff a written contract for change, etc.

(2) An increase or decrease in the contract amount under paragraph (1) shall be in accordance with the following standards within the scope of the ordering person:

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