logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.06.23 2015나2027444
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.

2. The part concerning the counterclaim among the judgment of the court of first instance is relevant.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On August 5, 2013, the Plaintiff and the Defendant entered into a contract for construction works (hereinafter “instant construction works”) with respect to the construction works for the building of Gyeonggi-gun C and D ground pented building (hereinafter “instant building”). The main contents of the contract and special agreement (hereinafter “instant contract”) are as follows [standard construction contract] construction period: The contract period on August 10, 2013: 310,800,000 won (Adjustment of the contract amount due to modification of a design) ① The contents of the design seem to be a clerical error in the “day” with the construction site as a whole.

If the design is not or unclear, omitted, or error exists, or if an unexpected situation occurs in connection with the construction or the business plan is modified, the design shall be modified.

(2) Where an increase or decrease in construction volume occurs due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards:

1. The unit price of the increased or decreased construction works shall be based on the unit price of a detailed statement of construction price referred to in Article 6;

2. The unit price for a new item not included in the detailed statement of construction price shall be the unit price computed as at the time of design modification; and

Article 23 (Compensation for Delay) (1) When the defendant fails to complete the construction within the completion period, it shall be deemed that there is a clerical error in the “compensation rate for delay” for each number of days.

The amount calculated by multiplying the contract amount of B by the contract amount (hereinafter referred to as "compensation for delay") shall be paid to the Plaintiff.

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, restrictions on access for prevention of epidemics, or other reasons not attributable to the defendant.

[Matters of special agreement] Any balance after completion shall be three months.

(except in the case of a natural disaster) twice the amount entered in the event of the suspension of the

(b) the agreement that there is no additional cost other than the contractual amount.

arrow