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(영문) 수원지방법원성남지원 2019.06.07 2017가합401631

손해배상(기)

Text

1. The Defendant’s KRW 610,117,300 as well as the Plaintiff’s annual rate of 5% from August 9, 2018 to June 7, 2019.

Reasons

1. Facts of the dispute

A. On October 21, 2015, the Plaintiff, as the main line of D, which operates a building design office in the name of “C”, was removed from the existing building located on a size of 857 square meters in Suwon-si E-gu, Suwon-si, Suwon-si, and then has a reinforced concrete structure and a reinforced concrete roof with three floors above the third floor above the ground of the reinforced concrete roof.

The construction contract (hereinafter referred to as the “instant construction contract”) was concluded on the condition that the new construction (hereinafter referred to as removal and new construction) of Hanwon-won building (hereinafter referred to as the “instant building”) is awarded a contract for the construction (hereinafter referred to as the “instant construction contract”) under the following conditions:

The “General Conditions of the Standard Contract for Private Construction Works” was included in the instant contract.

The provisions concerning liquidated damages among the above general conditions shall be as follows:

- Contract amount: 2,029,500,000 won [1,845,00,000 won for the supply of new construction works (1,760,000,000 won for the removal of existing building works)] - Contract deposit amount of value-added tax of KRW 184,50,000 for the construction period: From October 21, 2015 to September 30, 2016 - Contract deposit of KRW 184,50,000 for the contract amount of construction works - Claim rate of delay interest rate of KRW 1/1,100 for each month: General Conditions of Contract for Construction Works (1/100 for delay) ① “B” shall be paid to the contractor (hereinafter referred to as “contractor”) for delay by multiplying the contract amount by the number of days under the contract amount (hereinafter referred to as “compensation penalty”).

Provided, That where a completion inspection has been delayed due to a cause attributable to A and where the construction has been delayed due to any of the following causes, the penalty for delay equivalent to the number of relevant days shall not be paid:

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

2. Where the supply of important materials that can not be used as a substitute for "B" has been delayed due to any cause attributable to "A", making it impossible to carry out construction works;

3. “A”.