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(영문) 춘천지방법원 2018.07.03 2017가단50894
손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Defendants, based on the facts, concluded a contract with the Plaintiff on December 28, 201, setting the construction cost of KRW 19,391,692,00, and the date of commencement as of September 30, 201, and completed the construction work on September 30, 2013.

Furthermore, on January 27, 2014, the Defendants, as additional construction works for the instant main construction, received a contract from the Plaintiff, setting the construction cost of KRW 187,892,00, and the date of commencement as of February 3, 2014 and September 2, 2014 as the date of completion.

While the Defendants were conducting the instant management work, on August 28, 2014, the Plaintiff requested the Defendant Dae Chang Enterprise Co., Ltd. to review how to deal with the excellences arising from the ecological corridor 1 upper part of the ecological corridor.

In relation to the above request, around August 29, 2014, Defendant Dae Chang Chang-si notified the Plaintiff that it is impossible to perform construction works at the time the completion of the instant management work was imminent, and requested the Plaintiff to extend the construction period of the instant management work to alter and construct ecological corridor 1 drainage structure on September 1, 2014.

When requesting the extension of the period, the defendant Dae Chang-si requested the extension of the period, the present situation of the excellent treatment plan is designed as a natural drainage method in the ecological corridor Ma1, and thus, it is likely that soil and sand might intrude into neighboring buildings. Therefore, the defendant Dae-si submitted the positive report that "the ecological corridor Ma-1 shall lead natural drainage to the measuring instruments installed on the road and the excellent irrigation," and that "the connection is to be taken."

Accordingly, on September 2, 2014, the Plaintiff notified the Defendants that the period of construction and completion of the upper water drainage construction and the upper water drainage construction related to the instant management construction would be extended to 30 days until October 2, 2014.

The Defendants completed the instant management work on October 2, 2014.

Since July 5, 2016, it is the concentrating rain.

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