Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Defendant is a local public enterprise established under the Seoul Special Metropolitan City pursuant to the Local Public Enterprises Act. On November 23, 2010, “SH Corporation Electronic Publication No. 2010-0315,” and “construction work of apartment complex 1 complex in 2010” (hereinafter “instant construction work”).
(2) On December 28, 2010, the Plaintiff entered into a contract (i.e., the contract of this case, including value-added tax; hereinafter the same shall apply) with the Defendant on December 28, 2010, setting the rate of penalty for delay from December 30, 2010 to April 20, 2013 (hereinafter referred to as “instant contract”). The Plaintiff entered into a contract with the Defendant on December 28, 2010, setting the rate of penalty for delay at 0.1% (hereinafter referred to as “instant contract”).
3) The general conditions of the construction contract under the former Act on the Construction of Local Governments (amended by the Ministry of the Interior and Safety on March 22, 2012, and currently changed to the Ministry of the Interior and Safety, but hereinafter referred to as the “former name”).
Terms and Conditions prior to repeal by the Rules No. 404, hereinafter referred to as "general conditions");
) Special conditions of the construction contract (hereinafter “special conditions”)
The main contents of the following shall be as follows:
Conclusion of Section B of the General Conditions of Construction Contract
2. Contract documents;
(c) A contracting officer may conclude a contract with special conditions for a contract, if necessary for the appropriate implementation of the contract in addition to the general provisions of the Act on Contracts to Which a Local Government Is a Party, construction-related Acts and subordinate statutes and these conditions.
The special terms and conditions under Article 6 of the Act on Contracts to Which a Local Government Is a Party, and the Act on Contracts to Which a Local Government Is a Party (hereinafter referred to as the "Local Contract Act") shall not be effective if there is any provision that restricts the contractual interests of the other party to the contract under the Act on Contracts to Which a Local Government Is a Party, and this provision shall
Section 7. Adjustment of the contract amount.