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(영문) 의정부지방법원 2015.01.28 2013가합8950
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 2010, the Plaintiff, the Japanese Construction Industry Co., Ltd., and the Gyeonggi Power Co., Ltd. (hereinafter “Plaintiff, etc.”) jointly participated in the bidding on the construction of C in Gyeonggi-gun B B (hereinafter “instant construction”). Accordingly, on July 26, 2010, the Defendant entered into a contract (hereinafter “instant contract”) with the Plaintiff, etc. on July 26, 201 by setting the total amount of construction work 11,93,808,000 won, the starting date of the construction work, July 29, 2010, the completion date of the construction work, September 26, 2010, and July 28, 2011, and concluded a contract for construction work (hereinafter “instant contract”). On July 20, 2010, the Plaintiff, etc. and the Plaintiff, etc. entered into a contract with the competent supervisory group (hereinafter “instant contract”).

B. On February 25, 201, the Plaintiff et al., while conducting the blasting work at the instant construction site and conducting the blasting work (hereinafter “instant blasting work”), and the Plaintiff et al., caused the collapse of a facility with soil conditioned (hereinafter “instant facilities”) due to the shocking of the said facility, and the Plaintiff et al. caused an accident in which soil companies into an investment. (hereinafter “instant collapse accident”).

C. After the conclusion of the instant contract, the Defendant, the Plaintiff, etc. entered into five times the contract to change the contract amount and extend the construction period due to changes in the excavation method, suspension of construction works, etc. as listed below.

On December 28, 2011, on December 28, 2011, ground for the total additional contract amount (units: prime cost) on the date of completion of construction works, one time to extend the construction period following the change of the contract amount on August 18, 2012, on June 30, 201, on 201:

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