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(영문) 수원지방법원여주지원 2016.06.09 2014가단12678

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 5, 2012, the Defendant concluded a contract for the instant construction contract (hereinafter referred to as “instant construction contract”) under which the term “C 2 Logistics Center Construction Co., Ltd. (hereinafter referred to as the “instant construction”) was fixed and awarded as KRW 5,610,000 (including value-added tax) from June 1, 2012 to November 30, 2012 as the construction period between the enzymn Construction Co., Ltd. (hereinafter referred to as “ enzyn Construction”) and the Defendant: (a) the Defendant concluded a contract on the instant construction contract (hereinafter referred to as “instant construction contract”).

B. The main contents of the instant construction contract are as follows.

Contracts for Change of Private Construction Works

9. Endd portion: up to 70% of the contract amount shall be paid according to the catations.

Provided, That 70% of the amount of the application for gender shall be paid.

12. The rate of liquidated damages: Article 29 (Compensation for Delay) of the general conditions in the contract for private construction works per day (attached Form) (1/100 of the contract amount per day, when the construction works have not been completed within the deadline for completion, the effective construction shall pay to the defendant the amount calculated by multiplying the contract amount by the rate for liquidated damages under the contract (hereinafter referred to as "compensation for delay") for each number of days immediately;

Article 33 (Cancellation, etc. of Contracts by Defendant) (1) In cases falling under any of the following subparagraphs, the defendant may cancel or terminate all or part of the contract:

(2) The cancellation or termination of a contract pursuant to the provision of paragraph (1) shall take effect by notifying the Plaintiff of the cancellation or termination of the contract if the Defendant fails to perform the contract within the prescribed time limit after the Defendant notified in writing that the contract would have been performed.

C. The purport that "Filiyang Construction will complete the instant contract by May 12, 2013, and compensation for delay shall be 1/100 of the daily contract amount per delay."