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(영문) 서울중앙지방법원 2014.12.24 2014나32488

공사대금

Text

1.The judgment of the first instance shall be modified as follows:

The Defendant’s KRW 40,852,500 and its relation to the Plaintiff on May 3, 2013.

Reasons

Basic Facts

On December 22, 2011, the Plaintiff was awarded a contract with the Defendant for the FRP termination and design improvement works (hereinafter “instant construction works”) at the rate of 0.1% of the contract price, from December 26, 2011 to November 19, 2012, the contract price of 1,986, 874, 430 won, and the liquidated damages rate of 0.1%.

(hereinafter “instant contract”). Afterwards, the Plaintiff and the Defendant: (a) the contract amount under the instant contract according to the design change; (b) KRW 1,986,874,430 on July 4, 2012; and (c) the same year, according to the design change.

8. 21.2,024,00,000 won, and 2,05,670,000 won on October 31 of the same year, respectively, and 12.14.2,13,200,000 won on December 14 of the same year.

The Plaintiff completed the instant construction work on December 28, 2012, which was delayed from November 19, 2012, before the completion date of the instant contract.

On January 10 and 15, 2013, the Defendant notified the Plaintiff of the receipt of the payment for delay calculated on the basis of the total construction price of KRW 2,095,000 calculated on the basis of the total construction price of KRW 81,705,00 in accordance with the instant contract (i.e., KRW 2,095,000 x 0.1% x the rate of delay delay x the number of delayed x 39 days) but the Plaintiff refused to receive the payment. However, on January 30, 2013, the Defendant deposited KRW 349,205,000 calculated on the basis of the remainder of the construction price calculated on the basis of the total construction price of KRW 2,095,00 in accordance with the instant contract, and the Plaintiff received the said deposit on February 7, 2013.

On the other hand, the main contents of the defendant's general terms of the construction contract incorporated into the contents of the contract of this case (hereinafter "general terms of the construction contract of this case") are as shown in attached Form

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1, 4, 18, Gap evidence Nos. 2-1, 2-2, and the plaintiff's claim basis for calculation of compensation for delay as to the plaintiff's claim based on the contract amount. However, the general conditions of the construction contract in this case stipulate that compensation for delay shall be calculated based on the contract amount. However, the defendant has calculated compensation for delay based on the remaining amount after deducting the payment for delay already paid from the previous total construction price.