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(영문) 광주지방법원 2018.05.31 2017가단522940
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 21, 2014, the Plaintiff concluded a contract under which the construction cost of KRW 2,102,167,300 (including value-added tax), the construction period from August 26, 2014 to December 23, 2014, “0.1% of the contract amount” for delay compensation (hereinafter “instant construction contract”).

The instant construction contract was finally modified from August 26, 2014 to December 28, 2016, by reflecting the design change, etc., and finally, the construction price was KRW 2,602,167,000, and the construction period was changed.

B. The general conditions of the construction contract (hereinafter “the instant general conditions”) are incorporated as part of the instant construction contract. Of the instant general conditions, the parts related to liquidated damages are as shown in the attached Form.

C. From December 20, 2016 to December 25, 2016, the Defendant conducted an on-site inspection of observation equipment installed in a permanent facility built by the Plaintiff, and conducted an on-site inspection of the instant construction site. As a result of the inspection, the Defendant confirmed parts of the instant construction work, such as distribution equipment, interior and external legs, etc., different from the design, etc., and notified the Plaintiff of the instant corrective measures to reduce the completion inspection to take corrective measures within the time limit of the construction site inspection after checking the construction site of the instant construction site at C Co., Ltd. (hereinafter “C”) on December 28, 2016.

The Plaintiff submitted a completion report to C on December 28, 2016, but C did not receive the Plaintiff’s completion report and notified the Plaintiff of the result of the on-site inspection and corrective measures on December 29, 2016.

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