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(영문) 부산지방법원 2014.02.13 2010가합18082
손해배상(기)
Text

1. The Defendant’s KRW 362,126,437 as well as annual 5% from March 7, 2012 to February 13, 2014, and the next day.

Reasons

1. Basic facts

A. 1) On September 15, 2006, A entered into a construction contract with the Defendant on the construction work contract (hereinafter referred to as the “instant construction contract”), setting the construction work contract amount as KRW 3,140,00,000 in construction cost, from September 19, 2006 to January 31, 2007, with regard to the remodelling work for the purpose of re-convening the “E Hospital” by making a large-scale repair and alteration of the use of the “D Hospital” composed of two buildings of the 1st underground floor, A Dong, 1st underground floor, and 4th floor B above the ground and 2nd floor located in Busan Seo-gu, Busan, and 2nd floor, the construction work contract (hereinafter referred to as the “instant construction contract,” the “instant building,” and the said building “instant building”).

(2) On November 6, 2006, A and the Defendant concluded a new contract for the instant construction work by changing the construction period from September 19, 2006 to March 2, 2007, including the construction amount, to KRW 3,400,000,000,000 from the Defendant loaned to A, and the construction period from September 19, 2006 to March 2, 2007, the contract was concluded again. As to the omitted and error in the design drawings, the construction amount shall be determined in accordance with Article 17 of the General Conditions for the Standard Contract for Private Construction Works (Article 2), the contract amount shall be KRW 3,30,000,000, excluding KRW 3,300,000,000,000 from the total amount of KRW 3,000,000,000 shall be paid to the Plaintiff within 90 days after completion of the construction work.

(3) The date of completion shall refer to the date on which the contractor (contractor) completes construction works and makes a written request for a completion inspection to A (contractor) under the provisions of Article 22: Provided, That the contract amount adjustment due to a modification of a design (1) the details of the design drawings and specifications are inconsistent with the state of the site, or are unclear, omitted, or erroneous, or unexpected, in respect of construction works, the date of commencement and completion of construction works specified in the contract.

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