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(영문) 서울동부지방법원 2014.06.20 2013가합247

하자보수금 등

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 4,566,263 to the Defendant (Counterclaim Plaintiff) and its related amount from May 14, 2012 to June 20, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On January 5, 2011, the Plaintiff awarded a contract to the Defendant for the new construction of B neighborhood living facilities (hereinafter “instant building”) in Namyang-si (hereinafter “instant construction project”) (hereinafter “instant construction contract”), and its main contents are as follows.

The commencement date: The contract amount on June 30, 201: The contract amount on June 30, 201: 1.595 billion won (including value-added tax): 0.1% defendant shall pay to the plaintiff an amount calculated by multiplying the contract amount by the rate of the liquidated damages in the contract by the number of days every delay when the construction work is not completed within the deadline: Provided, That where the completion inspection is delayed due to the plaintiff's cause attributable to the plaintiff and where the construction is delayed due to any of the following causes, the penalty for delay equivalent to the relevant number of days shall not be paid (Article 27 of the General Conditions of the Construction Contract):

1. Cases due to force majeure events prescribed in Article 18;

2. Where it becomes impossible to carry out construction works because the supply of important materials that the defendant could not use as a substitute has been delayed due to any cause attributable to the plaintiff.

3. Where the commencement of construction has been delayed or suspended due to causes attributable to the plaintiff;

4. Where the Corporation is delayed due to any cause not attributable to the defendant, it shall be supplied in lieu of payment for the amount of 50 million won for the completion of construction within 90 million won after completion of 150 million won for 21st floor after completion of 34th floor after completion of 100 million won for 34th floor after completion of 150 million won for 21st floor after completion of 34th floor, C 101 and 102 for 40 million won for 20 days before completion of 34th floor after completion of 440 million won for 40 million won for 20th before completion of 4th floor (Article 1 of the Special Conditions of the Contract) and after completion of 100 million won for 4th floor for 4th floor after completion of 100 million won for 34th floor.

(Article 8 of the Special Conditions for Contracts)

B. On the wind that delayed the construction permit of the instant building, the Defendant shall carry out the instant construction work on April 11, 201.