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(영문) 대구지방법원 2017.08.23 2016나10955

손해배상(기)

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal shall be borne by the defendant.

Reasons

1. Materials to be used for inspection work of construction materials of 1/1,000 per day for delay from December 5, 2012 to July 4, 2013, the construction period of KRW 458,700,000 (including value-added tax) for the fact of recognition shall be the new materials, and quality specifications, etc. shall comply with the design.

However, matters not clearly prescribed in the design shall be not less than the standard products, which shall be the most suitable for the achievement of the purpose of the contract.

The other party to the contract shall undergo an inspection by the construction supervisor before using construction materials, and the disqualified materials shall be inspected immediately in substitution for them.

When the contractor for liquidated damages fails to complete the construction within the deadline for completion prescribed in the contract, he/she shall pay in cash the amount calculated by multiplying the contract price by the rate for liquidated damages prescribed in the contract for the construction work by the number of

When a contracting officer deems that construction has been delayed because it falls under any of the following subparagraphs, he/she shall not include the relevant number of days in the above number of delayed days:

1) Where the construction has been delayed or suspended due to a design modification, 2) where the contract cannot be performed within the deadline for completion due to any other cause not attributable to the other party to the contract (3) or any other cause not attributable to the other party to the contract: the extension of the contract period: the above (1) (2) 3) has occurred within the contract period, the other party to the contract shall, when the construction has been completed, take photographs of the completion completion of the construction to prove the fact, notify the contracting officer and the inspector in writing along with the completion date, completion date, etc., and undergo the necessary inspection, and shall be conducted in accordance with the examination conditions requested

The defect repair contractor shall be liable to repair the defects of the object of construction during the period specified in the contract from the date the inspection is completed.

.The other party to the contract.