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(영문) 서울고등법원 2017.03.29 2015나2073508
공사계약변경절차 이행
Text

1. The decision of the first instance court, including the plaintiffs' claims changed in the trial, shall be modified as follows:

Defendant.

Reasons

1. The reasons for this part of the underlying facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except in the following cases:

From 6th to 7th of the judgment of the court of first instance, 4th to 7th of the judgment is as follows.

A person shall be appointed.

B. On February 2, 2010, Defendant Seoul Special Metropolitan City notified the Korea Sports Promotion Foundation (the manager of the Olympic Park located within the instant construction section) that it was difficult to protect the Olympic facilities and sculptures, and to install a collection and alteration in the park, and requested the Plaintiffs to submit their opinions on the measures related thereto.

Accordingly, on February 5, 2010, the plaintiffs did not change the NTM method, but changed the location of the collection and modification installation, and delivered a plan for measures reflecting protective measures such as art works.

However, on February 10, 2010, Defendant Seoul Special Metropolitan City again demanded supplementation of measures such as the Plaintiffs’ above measures plan against the requirements of the National Sports Promotion Foundation. On February 25, 2010, Defendant Seoul Special Metropolitan City, which demanded measures for safety of high-priced art works in the construction section, reflecting “the application of the method of non-waterproof and drainage tunnel construction in order to prevent pressure erosion caused by groundwater outflow,” “the application of the method of excessive maintenance and management expenses and landscape conservation in a park,” and “the exclusion from the installation of a house from the installation of a house”. The Plaintiffs maintained the NTM method on February 18, 2010, but delivered a plan of measures such as the installation of a house at a regular house without installing a house at the request of the National Sports Promotion Foundation. In other words, Defendant Seoul Special Metropolitan City, on each of the above measures plan against the Plaintiffs against the National Sports Promotion Foundation on February 25, 2010, not only “the prohibition of installation of facilities, construction, and underground water flown after blasting.”

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