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(영문) 인천지방법원 2016.12.06 2015가합1822
추가 공사관리비
Text

1. The Defendant’s KRW 127,502,380 as well as 5% per annum from July 1, 2014 to December 6, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On June 28, 2012, the Plaintiff, a corporation for the construction business, etc., concluded a contract for construction works with the Defendant for the construction works of the ancillary relocation project (hereinafter “instant construction works”) at the contract price of KRW 17,839,916,00 with respect to the construction works of the instant construction works, from June 28, 2012 to September 27, 2013 (hereinafter “instant construction contract”).

Since then, the contract term of the construction contract of this case was changed three times as follows according to the agreement between the plaintiff and the defendant.

The former contractual term of June 28, 2012 between June 28, 2012 and September 27, 2013, 2012, following the change of the contractual term before the change of the contractual term, the first contractual term of June 28, 2012 to September 27, 2013; the latter contractual term of June 28, 2012; the latter contractual term of June 28, 2012 to September 27, 2013; the latter period of June 28, 2012 to June 31, 2013 to June 31, 2012; the latter period of June 3, 2013 to April 20, 2013 to June 31, 2013 to April 20, 2013; the latter period of contract from April 25, 2012 to April 20, 2013 to June 21, 2013.

B. On December 11, 2013, the Defendant notified the Plaintiff of the extension of the contract period on the grounds of failure to secure the budget, and demanded the Plaintiff to prepare a modified contract period. On December 18, 2013, the Defendant entered into a modified contract with the total contract period and the secondary contract period on December 18, 2013, each 181 day increased compared to the secondary change.

C. On August 26, 2013, the Corporation received construction cost of KRW 18,413,550,000 as changed due to the design change, etc. from the Defendant, and the Plaintiff received KRW 18,413,50,000 from the Plaintiff.

As the construction period has been extended to the defendant through a responsible supervisor on December 30, 2013 and May 12, 2014 due to the third change of the construction period, the Plaintiff has extended to 181 days.

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