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(영문) 대전지방법원서산지원 2016.09.01 2013가합3872
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. The Defendants were Plaintiff H Co., Ltd. on September 1, 2009, and were changed to the current name on January 12, 2015.

A contract was made to the E E (hereinafter “instant construction”) with the content that the construction cost of KRW 2.31 billion (including value-added tax) and the construction period from September 1, 2009 to March 30, 2010, and the construction cost of KRW 1/1,000 per day for delay compensation was paid to the E (hereinafter “instant construction”).

(hereinafter “instant contract”). (b)

The main contents of the instant construction are 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 F original site at the time of the Jinjin-si (hereinafter “instant site”).

C. On January 2010, the Defendant, while carrying out the instant construction project, caused ruptures from multiple retaining walls installed at the construction site of the instant construction site, and there was an accident that collapses due to the flow of some slope of the slopes of the two complexes (hereinafter “sluping”).

In addition, among the construction sites of this case, the construction site of this case was suspended from May 2010 because G, who was the representative director of the defendant B corporation at the time of the damage of undeveloped land, received a summary order due to the violation of the Mountainous Districts Management Act, etc.

Since then, the Plaintiff and the Defendants agreed to restore damaged undeveloped land in lieu of the Plaintiff’s recognition of KRW 500 million for the additional construction cost, and to complete the construction work on the remaining process on September 1, 2010, with the purport of changing the construction cost of KRW 2.86 million for the construction period (including value-added tax) from September 1, 2010 to November 30, 2010 (Provided, That the period from September 1, 2010 to November 30, 2010 (three months after the determination of the drawings for the restoration of a large number of land and three months after the determination of the drawings for the restoration), respectively, to 3/1,000

(hereinafter referred to as the “instant modified contract”). E.

In accordance with the construction of this case, a slope will be created if the mountain is cut.

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