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(영문) 대전고등법원 2019.04.24 2016나1234
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's First and Second Preliminary Claims added by this Court and the Court.

Reasons

1. Basic facts

A. On September 1, 2009, the Defendants contracted to the Plaintiff on September 1, 2009, the term “construction cost: 2,310,000,000 won (including value-added tax) for construction work, and construction period: The rate of liquidated damages: 1/1,000 per day for construction work.”

(hereinafter “instant contract”). (b)

The main content of the instant civil engineering works is to create a factory site in the Filwon site (hereinafter referred to as “instant site”) at the time of the Jinjin-si.

C. As a result of the civil engineering works, a slope will be created if the mountain is cut and filled up, and in such a case, the risk of collapse (hereinafter “slicking”) is likely to occur as the soil of the cut and filled-up part depending on the slope surface flows out, in order to prepare for this, the Si Treasury shall create a site site (hereinafter “slick site”) or (see attached Table 1) on a flat level in each middle part of each slope surface (see, e.g., attached Table 1). However, despite the execution of the above site, if the number of the site for a private surface is not sufficient, or if the length of each surface site is short, it may occur.

During the Plaintiff’s execution of the instant civil works, there was rupture in multiple retaining walls installed at the site of the instant civil works in early 2010, and there was an accident that collapses due to the flow of soil on some slopes of the two complexes among the sites of the instant civil works (hereinafter “instant primary slot trading”).

Accordingly, the civil engineering works of this case were interrupted from May 2010.

E. On September 1, 2010, the Plaintiff and the Defendants changed the instant contract into “construction cost: KRW 2,860,000,000 (including value-added tax); the construction period: the date of the commencement of the changed part (Provided, That from September 1, 2010 to November 30, 2010 (Provided, That three months from the date on which the drawing of a large amount of restoration design becomes final and conclusive); and the rate of liquidated damages: 3/1,000 of the daily contract amount.”

The term "the instant modified contract" is finally modified.

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