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(영문) 수원지방법원 2015.08.25 2014가단69999
공사대금 등
Text

1. The defendant shall pay KRW 624,657 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 19.

Reasons

1. Basic facts

A. On July 25, 2013, the Defendant entered into a contract with the Plaintiff by setting the construction cost of KRW 2,079,000,000 (including additional tax) for the construction of a new site neighborhood living facility in Yeongdeungpo-gu, Yeongdeungpo-gu, Young-gu, Seoul (hereinafter “instant contract for construction”) on August 1, 2013, the date of commencement, February 28, 2014, and one month of the completed portion and one half of the completed portion, at least 0.1% (hereinafter “instant contract for construction”). The main contents are as follows.

Article 10 (Period of Construction) (1) The date of commencement and completion of construction shall be the date specified in the contract.

(3) The date of completion means the date the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases where a completion inspection has been passed under Article 27.

Article 17 (Extension of Construction Period) (1) Where the performance of construction works is delayed due to a cause not attributable to the plaintiff, such as a natural disaster, force majeure situation, imbalance in supply and demand of raw materials, etc., the plaintiff may request in writing the defendant to extend the construction period.

(2) Where there exists a request for extension of the contract period under paragraph (1), the defendant shall promptly investigate and confirm such fact and take necessary measures, such as extension of the contract period, so that the Corporation may appropriately implement it.

(3) Where the construction period is extended under paragraph (1), additional expenses, such as site management expenses incidental thereto, shall be adjusted by applying Article 23.

Article 23 (Adjustment of Contract Amount Due to Amendment to Terms and Conditions of Contract) (1) In cases where it is necessary to adjust the contract amount due to a change in the terms and conditions of contract except as provided for in Articles 21 and 22, the contract amount shall be adjusted according to the changed details. In such cases, general management expenses and profits, etc. for the increased or decreased construction works

Article 28 (Payment of Price) (1) The plaintiff shall immediately remove surplus materials, wastes, temporary facilities, etc. after passing a completion inspection by the defendant.

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