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1. The Plaintiff’s construction contract on December 27, 2013 to the Defendant for the improvement project for the supply and improvement of Domens.
Reasons
1. Basic facts
A. The Defendant is a legal entity established under the Korea International Cooperation Agency Act to implement various cooperative projects in order to promote friendly cooperation and mutual exchanges between the Republic of Korea and developing countries and to support the economic and social development of developing countries.
B. On December 27, 2013, the Plaintiff concluded a construction contract with the Defendant to construct the water intake facility (hereinafter “instant project”) in the area of the water intake facility (Zkho), the water purification facility (1,500 cubic meters/day), the water purification facility (1,200 cubic meters/day), the water supply facility (1,200 cubic meters/day), and the water supply facility (hereinafter “the instant construction project”).
(hereinafter “instant construction contract”). The main contents of the General Conditions of the International Construction Contract (hereinafter “instant General Conditions”) incorporated as part of the instant construction contract are as follows.
Article 25 (Change and Suspension of Construction Works) (1) The defendant may, if necessary, request in writing the project executor to temporarily suspend construction works in whole or in part.
If it is deemed necessary to extend or reduce the construction period or to increase or decrease the contract price, it shall be adjusted in consultation with the project implementer.
Article 34 (Act of God) (1) The damages arising from the completed portion of inspection pursuant to Article 29 due to force majeure shall be borne by the defendant, and the other parts shall be determined by agreement between the defendant and the project executor.
(2) When any loss under paragraph (1) occurs during the contract execution period, the project executor shall promptly notify the defendant of such fact, and when the defendant is notified of such fact, he/she shall promptly investigate such fact, verify the status of such loss, and notify the project executor
In such cases, the construction supervisor.