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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 6, 2013, the Plaintiff related to the parties is a construction company that received a contract from the Korea Rail Network Authority (hereinafter “project owner”) for the installation of three historical entertainment equipment (hereinafter “instant construction”). On April 30, 2014, the Defendant was awarded a subcontract from the Plaintiff for the construction of the instant construction, the Han River basin, the Han River basin, and the construction of the elevator to supply and install each elevator (hereinafter “the instant installation work”).
B. From December 6, 2013, the Plaintiff changed the total contract amount of KRW 8,693,605,000 with respect to the instant construction project with the ordering person as of December 6, 2013 (i.e., a contract for construction and a subcontract) (i., a contract for construction and a subcontract) to KRW 10,50,000 on several occasions, respectively.
(B) From December 10, 2013 to December 31, 2015, the construction period was changed from December 10, 2013 to September 20, 2016
A) The rate of liquidated damages for delay shall be 0.1% of the contract amount per day of delay per day (hereinafter “instant contract”).
(2) On April 30, 2014, the Plaintiff entered into a subcontract with the Defendant for the construction of the instant elevator (hereinafter referred to as the “instant subcontract”) with respect to the amount of KRW 1,405,140,000 for the construction of the instant elevator, from April 30, 2014 to August 1, 2015 for the construction period (i.e., the change from April 30, 2014 to February 1, 2016), and the rate of delay penalty was 0.1% of the contract amount per the number of delayed days (hereinafter referred to as the “instant subcontract”).
C. In accordance with the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons and the Act on Guarantee of Promotion of Convenience for the Aged and Pregnant Women with Disabilities, Etc., the ordering person concluded a construction contract for an elevator slope type in Seoul Station: (a) requested the Defendant to review and deliver an elevator installation suitable for the Seoul Station transfer path. The Defendant around December 2014, issued a written review opinion that it is appropriate for the ordering person to install a slope elevator in the Seoul Station transfer path (hereinafter “written review opinion of this case”).
filed and the principal of this section
Details are as follows: