1. Revocation of a judgment of the first instance;

2. Three-month period that the Defendant provided to the Plaintiff on November 1, 2017: From November 13, 2017 to February 10, 2018.

Details of the disposition

The plaintiff is a cultural heritage repair business entity registered pursuant to Article 14 of the Act on the Maintenance, etc. of Cultural Heritage on March 7, 201, and B is a cultural heritage repair business entity designated as C.

A place of business established under Article 114 of the Local Autonomy Act, Article 77 of the Enforcement Decree of the Local Autonomy Act, and Article 80 of the Seoul Metropolitan Government Ordinance on the Establishment of Administrative Organizations.

(D) On November 11, 2016, the Plaintiff and the Plaintiff entered into a contract for the removal of construction works in B (hereinafter “instant construction contract”) with the period of construction KRW 110,477,00, and the period of construction from November 11, 2016 to December 30, 2016.

Some of the general conditions of the instant construction contract, which are the contents of the instant construction contract, are as follows.

Section A: IN GENERAL

2. Definitions

(d) “Design” means a bill of quantity of materials (including the quantity required for the installation of snow materials; hereinafter referred to as “bill of quantity”) for each construction design description, design drawings, site descriptions, and for each type of work;

SECTION 6: Change in the Construction Design

1. Design changes;

(a) Design changes shall be made in any of the following cases:

(1) Where it is deemed necessary for an ordering agency to modify the design document in addition to cases where the content of the design document is unclear or it is inconsistent with the design document; 2) where the situation of the construction site, such as geological features and water supply, is different from the design document; 3) where the use of a new technology and construction method, such as reduction of construction cost and reduction of construction period, etc., is obvious

2. Correction and supplement of the design documents;

(a) If the other party to a contract finds that the content of the design is unclear or that there is an omission or error in the design while implementing the construction contract and that there is a mutual inconsistency between the designs, the other party to the contract shall prepare a document specifying the pertinent matter before the implementation of the portion requiring design modification and notify it to the contracting officer and the construction supervisor at the same time.