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(영문) 서울고등법원 2017.11.23 2016나2071721
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 511,172,257 and KRW 442,358,520 among them.

Reasons

1. Basic facts

A. On December 7, 2012, the Plaintiff entered into a contract for a construction project, with respect to the total contract amounting to 5,563,491,000 won, and the total construction period from December 14, 2012 to December 13, 2013, with respect to the replacement facility construction works for military units in the Cheongra2 District (hereinafter “instant construction works”) from the Incheon Metropolitan City Free Economic Zone Authority (hereinafter “Korea Free Economic Zone Authority”), which is an affiliated organization with the Defendant (hereinafter “Korea Free Economic Zone Authority”), and received a contract by setting the rate of 1/1,000 for liquidated damages.

(hereinafter “instant construction contract”). B.

1) The instant construction contract was amended several times due to changes in the design, extension of the construction period, etc. as listed below (hereinafter referred to as “the next modified contract”), and the final modified contract is specified as “the final modified contract”.

A. As of the date of completion of a contract (unit: 1,00 won), the change in the contract price (unit) for the ground of change (unit: 1,00 won) as of the date of completion of the contract is extended. On June 19, 2013, the first change of the construction period, which is extended on or before June 18, 2014, and the first change of the construction period due to the delay in consultation with the military unit for the extension of the construction period and the suspension of construction, which is 95 days before the first change of the construction period, from May 1, 2013 to June 2 (33, 2013) 2. The second change of the construction period, which is 5,741,563, and the second change of the construction period, which is 20.4,000,0000,0000 before the second change of the construction period; the second change of the construction period, which is 20,014.

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