(영문) 서울서부지방법원 2016.10.20 2016가합30647

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(영문) 서울서부지방법원 2016.10.20 2016가합30647

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts under the following facts may be found either as a dispute between the parties or as a whole in the entries in Gap evidence Nos. 1 to 7, 13, 14, 15, 18 to 21 (including the numbers with different numbers; hereinafter the same shall apply) and Eul evidence No. 8.

1) The Plaintiff is a brickd Construction Co., Ltd. (hereinafter referred to as “s brickd Construction”).

30% of the total number of shares in joint contractors (the total number of shares shall be 30% of the plaintiff and 70% of the wall construction.

(2) On June 28, 2012, the construction works for the high ginseng A18BL apartment from the Defendant (hereinafter “instant construction works”).

(1) The contract amount was set at KRW 75,156,089,00, and the construction period from June 29, 2012 to July 20, 2014 (hereinafter “instant contract”).

2) On the other hand, the part at issue in the instant case among the “general terms of construction contract” applicable to the instant contract (hereinafter “general terms of construction contract”) is as follows.

Article 11 (Securing Construction Sites) (1) Except as otherwise provided in contract documents, the Corporation shall secure construction sites and deliver them to the counter-party by the date on which the counter-party to the contract needs to perform the construction works.

Article 23 (Adjustment of Contract Price due to Amendment to Terms and Conditions of Contract) (1) The Corporation shall mean cases where the contract price is adjusted due to a change of design or price change in a construction contract, in cases under Articles 20 and 22.

In addition, where it is necessary to adjust the contract amount due to changes in the terms and conditions of the contract, such as changes in the distance for construction period transportation, it shall be adjusted within the extent not exceeding the actual expenses according

Article 47 (Temporary Suspension of Works) (1) A construction supervisor may suspend the performance of all or part of the project in any of the following cases:

In such cases, the parties to a contract shall not neglect the duty of due care of a good manager during the suspension period.

4. Other needs of the Corporation.

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