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(영문) 광주고등법원 2019.09.27 2018나26207
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 30, 2014, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant, setting the contract amount of KRW 25,575,300,00 for the “B” construction work from the Defendant (hereinafter “instant construction work”), from December 31, 2014 to September 15, 2016, with the term “instant construction work”).

B. In concluding the instant construction contract, the original Defendant agreed to include “general conditions of the construction contract” as part of the contents of the instant construction contract, and the main contents of the instant general conditions of the construction contract related to the instant case (hereinafter “instant general conditions”) are as follows.

Article 11 (Securing Construction Sites) (1) Except as otherwise provided in contract documents, the agency awarding the contract shall secure construction sites and deliver them to the contracting party by the date on which the contracting party needs to perform the construction works, except as otherwise provided in the contract documents.

Article 23 (Adjustment of Contract Amount Due to Amendment to Terms and Conditions of Contract) (1) Where it is necessary to adjust the contract amount due to a change in the terms and conditions of contract in the construction contract, such as a change in transportation distance for the construction period, etc., in addition to cases under Articles 20 and 22, the Corporation shall adjust it within the extent

Article 25 (Compensation for Delay) (1) When the other party to a contract fails to complete the construction within the deadline for completion prescribed in the contract, he/she shall pay in cash the amount calculated by multiplying the rate of compensation for delay prescribed in the contract by the contract

(3) If the Corporation deems that a delay in construction works falls under any of the following subparagraphs, it shall not include the relevant number of days in the number of days under paragraph (1):

3. Where the commencement of construction works is delayed or construction works are suspended due to a responsibility for such construction works, Article 26 (Extension of Contract Period) (1) The counter-party to the contract shall have occurred within the contract period under any subparagraph of Article 25 (3);

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