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1. The plaintiff's claim against C by the legal administrator of the defendant debtor C, whose exchange was changed in the trial.
Reasons
1. Basic facts
A. On September 1, 2009, the Plaintiff, Dr. D. D.D. (hereinafter “D. D. D.C”) and J. J.S. Co., Ltd. (hereinafter “S.”), concluded a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on September 1, 2009, with the term “the construction cost of KRW 2,310,000,000 (including value-added tax)” among the new construction works of D. A factory in D. D. as “the construction cost of KRW 2,310,00,000 (including value-added tax)” and the construction period of construction from September 1, 2009 to March 30, 2010, and the construction cost of penalty for delay 1/1,000.”
B. The main content of the instant civil engineering works is to construct a factory site through cutting of mountainous districts, filling-up, retaining wall installation, ground-breaking, excellent pipes and sewage pipes installation, road packaging, etc. on the instant site E (hereinafter “instant site”).
C. While the Defendant Company was performing the instant civil works, there was rupture in a number of retaining walls installed at the site of the instant civil works works in early 2010, and there was an accident that collapses due to the flow of soil on some slope of the slope of the instant complex among the sites of the instant civil works (hereinafter “instant primary sludge”).
In addition, among the sites of the instant civil works, the land retaining original features of the two complexes was damaged and the F, which was the representative director of the Plaintiff at the time, received a summary order due to the violation of the Mountainous Districts Management Act, etc., the instant civil works were suspended from May 2010.
After all, the Plaintiff and the Defendant Company agreed to restore damaged undeveloped land in lieu of recognizing KRW 500 million as the additional construction cost, and to complete construction works on the remaining process, respectively, on September 1, 2010, with the construction cost of KRW 2,860,00,000 (including value-added tax) as the construction period of KRW 2,860,000 (including value-added tax), the construction period from September 1, 2010 to November 30, 2010 (Provided, That the period from September 1, 201 to November 30, 201) as the “3/1,000 of the daily contract price”, respectively.