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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On October 22, 2008, the Plaintiff gathered a joint construction company and jointly with the Korea National Housing Corporation (hereinafter collectively referred to as the “Defendant”), and entered into a contract for construction works with the Korea National Housing Corporation (hereinafter collectively referred to as the “C”) at the time of the initial construction name, but the former construction name was changed to the “B Corporation” around May 25, 2010 due to the change of road name. The construction works (hereinafter referred to as the “instant construction works”) at the time of the commencement on November 5, 2008; the date of completion on September 30, 2009; the construction cost was KRW 5,000; the construction cost was 5,00,294,000.
(hereinafter “instant contract”). (b)
On November 5, 2008, the Plaintiff submitted a commencement report to the Defendant on November 5, 2008 and tried to start construction. However, it is difficult to start construction due to the result of the survey and investigation conducted in the construction site as a result of the land compensation, obstacles removal, and compensation. The Plaintiff immediately notified the Defendant of such circumstances, and reported that construction is possible without land compensation but obstacles relocation should be prior to the part of the State and public land, and that partial construction is impossible because the flow of the existing river is interrupted at the time of commencement due to narrow river width, and on November 28, 2008, requested the Defendant to postpone the construction on the same ground.
C. Accordingly, on December 11, 2008, the Defendant held a countermeasures meeting with the participation of the Plaintiff’s officers and employees, accepted the above request, and temporarily postponed the commencement date on March 31, 2009 as of December 16, 2008. Thereafter, the Defendant concluded a contract for each modification over 10 times with the Plaintiff, etc. on the grounds of delay in consultation on land and obstacles, extension of the completion date due to the plan for the suspension of construction of scrap iron and winter, price fluctuation, design change, etc. as listed below.
On September 23, 2009, the ground for the change of the number of vehicles due to the contract completion date (the contract completion date) on the date of the commencement of the contract for the change of the number of vehicles shall be October 5, 200, 29, 2000, 294, 000 extension first on November 5, 2010, and June 8, 2010, "the change of the commencement date of the construction and the extension date of the second extension period on December 11, 2010" as of December 11, 2010.