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Reasons
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(영문) 대전지방법원홍성지원 2016.12.27 2015가합653
추가공사비 등 청구의 소
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1. The Defendant’s KRW 159,215,40 for the Plaintiff and KRW 6% per annum from February 14, 2015 to December 27, 2016.

Reasons

1. Basic facts

A. On October 16, 2013, the Defendant bid for the new construction of the former Agricultural Products Distribution Center (hereinafter “instant construction”), and the joint contractors consisting of the Plaintiff (former film industry development corporation prior to the modification) and the Jinyang Co., Ltd. (hereinafter “Jinyang Co., Ltd.”) were selected as successful bidders.

B. On December 5, 2013, the Plaintiff and Jinyang entered into a construction contract with the Defendant (hereinafter “instant construction contract”) on the following terms and conditions.

[Written Contract for Construction Works] A project owner: The other party to the contract (the representative of a joint subcontractor) (the field of construction): The construction area of 2.638 billion won (including value-added tax): 2.538 billion won (including value-added tax): The rate of liquidated damages for delay of KRW 100 million: the contract amount per day: 1/1,000 construction: December 19, 2013: The construction content on October 17, 2014: The details of the construction project shall be based on the design plan (design drawings, specifications, site descriptions) under Article 2 subparagraph 4 of the General Conditions for the Construction Project.

Article 15 (Amendment of Design, etc.) (1) When the other party to a contract discovers the fact that it falls under any of the following subparagraphs, he/she shall promptly notify the contracting officer in writing through the construction supervisor before the execution of the contract for the relevant part, of it in writing, without delay:

1. Where the contents of the design document are unclear or there are points which are omitted, mistakenly or inconsistent with each other;

2. When a contracting officer receives notification as referred to in paragraph (1) above, he may investigate the fact and may modify a design or take other necessary measures so that the construction work may be properly implemented, such as geological features and water supply.

(3) A contracting officer shall perform the following duties in addition to reasons prescribed in paragraph (1):

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