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(영문) 대전지방법원서산지원 2020.11.19 2019가합50818
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 16, 2017, the Defendant publicly announced a bid for the instant construction project (hereinafter “instant construction project”) by total bidding, and the Plaintiff participated in the instant construction project and was selected as a successful bidder.

B. On June 5, 2017, the Plaintiff concluded a construction contract for the instant construction project (hereinafter “the instant construction contract”) with the Defendant from June 8, 2017 to October 30, 2018, regarding the contract amount of KRW 3,887,116,580, and the construction period from June 8, 2017 to October 30, 2018.

C. The instant construction contract was modified more than 10 times after its initial conclusion as follows.

(1) On October 30, 2018, 201. 4, 202, 202, 205, 200 of the contract price changed on September 29, 2017; 3. 4. 1. 4, 200 of the construction period; 4. 3. 4, 200 of the construction period extended on October 26, 2018; 4. 3. 4, 200 of the construction period extended on April 20, 2018; 4. 3. 4, 206. 4, 208 of the construction period extended on April 28, 201, 201; 4. 3. 4, 206. 3. 4, 204, 206. 3. 4, 206, 204, 2018. 4, 2018

D. On July 13, 2018, the Plaintiff: (a) incurred expenses incurred in providing a temporary workplace (facilities, signalling expenses, transportation expenses, material load) to the Defendant; (b) increased labor cost due to the narrowness of the workplace; (c) incurred in the civil petition of neighboring buildings (such as recovery of damage to neighboring buildings and litigation costs); and (d) incurred in the amount of care costs according to concrete theory below 4°C.

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