약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
. Where construction works have been delayed due to the causes falling under any of the following subparagraphs, the penalty for delay equivalent to the relevant days shall not be paid:
Article 31 (Cancellation, etc. of Contracts by the plaintiff) The plaintiff may cancel or terminate all or part of the contract in cases falling under any of the following subparagraphs:
1. Where the defendant fails to commence construction works even after the agreed date for commencement has elapsed without justifiable grounds;
2. Where it is evident that the defendant has no possibility of completing construction works within the completion date due to a reason attributable to him/her;
3. Where the penalty for delay has reached the amount equivalent to the contract deposit under Article 27 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.
4. Other special specifications where the purpose of the contract is deemed impossible due to a violation of the terms and conditions of the defendant's contract.
1. Inspection on the completion of building, electricity, telecommunications, fire fighting, Liberes, parking facilities, etc. (Various persons, permits and various reports) related to the project is completed by the City Construction Corporation;
Details of the construction agreement (matters to be implemented by the executor, hereinafter referred to as the “instant construction agreement”);
2. Payment of charges to the person who caused electricity, water, gas, or sewage treatment facilities;
3. Payment of building, electricity, telecommunications, and fire-fighting supervision expenses;
B. On November 28, 2016, the Defendant drafted a performance assurance of contract performance (hereinafter “instant undertaking”) with respect to the instant construction project, as follows:
Certificates of Performance of Contracts
2. Contract amount: 2,527,328,482 won;
3. Construction period: From October 23, 2016 to November 10, 2017, we undertake to immediately pay the contract deposit amounting to 10% of the contract price in the event of failure to perform the above construction works, and to faithfully perform the construction works.
C. Around January 18, 2018, the Plaintiff received an application for approval of the use of the instant multi-family housing, and around February 1, 2018.