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(영문) 대구지방법원포항지원 2019.01.24 2017가합10713
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 2, 2015, the Defendant publicly announced a bid for the D development project with the content of creating a walking path in the north-gu Brith and Crith Institute, and installing the eroke, the ridge, the ridge, the coast guard, etc. (hereinafter “instant construction”) and the Plaintiff was selected as the successful bidder.

Accordingly, on July 17, 2015, the Plaintiff and the Defendant concluded a contract under which the Defendant would contract the Plaintiff (hereinafter “instant contract”) with respect to the instant construction work by setting the construction cost of KRW 753,978,570 (including value-added tax; hereinafter the same shall apply) and the construction period from July 24, 2015 to July 22, 2016, and the Plaintiff commenced the instant construction work from that time.

B. The instant construction project did not set the budget for the purchase of private land or the budget for the payment of land usage fees, and thus, the instant construction project is in principle to create a path to walk on state-owned and public land and install facilities. If the facilities are installed on private land, the construction project shall obtain the consent to use the land without compensation from the owner of the private land. If the consent to use the land without compensation is not obtained, the construction project shall be modified bypassing the private land to install the facilities on state-owned and public land.

C. On December 2015, Gyeongbuk-do ordered the Defendant to suspend the execution of the instant construction work, which is likely to winter with the Defendant, and the Defendant notified the Plaintiff from January 1, 2016 to suspend the execution of the instant construction work.

On March 2, 2016, the Defendant notified the Plaintiff that the discontinuance of construction will be cancelled, and on March 10, 2016, the Defendant entered into a contract with the Plaintiff, reflecting 62 days of the discontinuance of construction, changing the completion date from July 22, 2016 to September 21, 2016 (hereinafter “the first modified contract”).

On the other hand, the original design drawing is the north-gu E.

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