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(영문) 광주지방법원 2017.10.26 2016가합60862
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 18, 2009, the Plaintiff entered into a subcontract with the Defendant for the “Water and Wastewater Works” (hereinafter “the instant civil works”) to the period from May 18, 2009 to December 22, 2015, and entered into a contract with the period from May 18, 2009 to the period from May 18, 2009, changing the construction cost to KRW 8,825,564,000 on February 16, 2010.

B. Of the instant civil engineering works, the construction work was discontinued on May 6, 2013 by the Harlim Construction Co., Ltd. (hereinafter “Lelim Construction”) that had been subcontracted by the Plaintiff with the said subcontractor, and the Plaintiff again concluded a contract with the Defendant to undertake the construction of the remainder of the “soil” and the “refusative concrete construction work” that the Defendant performed (hereinafter “instant civil engineering work”) on May 6, 2013, the Plaintiff concluded a new contract with the Defendant to undertake the construction of the said parts (hereinafter “the instant construction work”) (referring to the instant civil engineering work as referred to as the “instant construction work”), and the total construction cost of the instant construction work was modified on several occasions following the instant contract amendment, from May 18, 209 to June 30, 2017.

(hereinafter referred to as the “instant contract”) by referring to the contracts before and after the said amendment.

During the instant construction process, disputes have occurred between the Plaintiff and the Defendant regarding construction costs for Saturdays and reinforced concrete construction. Accordingly, the Defendant, on August 25, 2016, notified the Plaintiff of the waiver of the remaining construction cost and the acceptance of the instant construction cost at the construction site without agreement on the increase in the construction cost by August 31, 2016. The instant construction was suspended on September 1, 2016.

On September 20, 2016, the Plaintiff agreed to terminate the instant construction project with the Defendant, and agreed on the settlement of accounts in other forms (hereinafter “instant agreement”) as follows.

under the waiver of the Corporation.

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