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(영문) 서울중앙지방법원 2016.12.07 2015가합513621
공사대금
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, a public corporation established under C law, is a public corporation established under the instant construction contract, and “D Expansion Corporation” on July 15, 2008 (hereinafter “D Expansion Corporation”) is called the instant construction project.

(2) On November 19, 2008, the Plaintiff and the Defendant concluded the first construction contract, which is a contract for a long-term contract from November 20, 2008 to December 29, 2008, with the contract amount of KRW 360,000,000, and the construction period of KRW 360,000,00, and the first construction contract, which is a contract for a long-term contract, from November 20 to December 29, 2008. The contract entered the total construction amount of KRW 105,657,039,290, and the total construction period of KRW 150,00.

(hereinafter referred to as "the instant construction contract" in total, including the following contracts and general contracts entered into between the Defendant and the Defendant.

Details of the general conditions of the instant construction contract under the instant construction contract, and the part related to this case among the general conditions of the construction contract under the instant construction contract

1. Terms and conditions of the construction contract shall be entered;

C. The instant construction contract was modified and completed on December 22, 2015, which was eventually extended by the construction period for budgetary reasons more than the originally scheduled construction period, and eventually completed on December 22, 2015.

During that process, the Plaintiff and the Defendant

2. A contract for each of the instant construction contracts was entered into as indicated in the table of the instant construction contract modification agreement (hereinafter “each of the following contracts”) and the two or seven of the following contracts were concluded to set the suspension period as indicated in the “suspension period” column of the same Table during the construction period and to not claim additional costs incurred during the suspension period, except for the suspension period from the contract period.

On December 27, 2012, the Plaintiff seeking the adjustment of the contract amount due to the extension of the construction period is anticipated to have the total construction period of the instant construction project exceeded 1,500 days, and thus, the extension of the contract period and the adjustment of the contract amount pursuant to Article 26 of the General Conditions of the Construction Contract.

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