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(영문) 서울중앙지방법원 2018.07.24 2016가단5310834

기타(금전)

Text

1. The Defendant’s KRW 12,312,00 for the Plaintiff and 6% per annum from January 4, 2017 to July 24, 2018.

Reasons

1. The contract amount between the date of commencement of the construction site and the date of completion of the completion of the construction site A (the contract amount between the date of commencement of the construction site and the date of completion of the completion of the construction project) No. 1 A (the date of completion of the construction project) on December 2, 2015 to December 7, 2015; from May 30, 2016 to May 30, 2016; KRW 2.9 billion on November 30, 2015; F; from December 7, 2015 to December 31, 2016.

A. The Plaintiff, the owner of the building, was awarded a contract for the construction of a complex multi-household housing or an officetel as follows (hereinafter “new construction of this case”) from A and B, the owner of the building:

D. The sum of KRW 237,60,000,000 on January 12, 2016, 2016, the payment period for the parcel number at the construction site on the date of the contract (including the additional tax) 123,200,000 on May 31, 2016; E; F. 114,40,000 on May 31, 2016; and F. 237,60,000.

B. The Defendant received contracts from the Plaintiff for the installation of parking facilities among the new construction works of this case as indicated below.

(hereinafter “instant contract”). C.

The main contents of the instant contract concerning liquidated damages shall be as follows.

§ 12 (Completion and Delivery of Works) ① The defendant who is the contractor B.

(hereinafter the same shall apply)

The term "A" means the plaintiff who is the contractor of the work after completing the installation of parking facilities under Article 2 by the due date under Article 1 (3).

(hereinafter the same shall apply)

delivered to the Corporation.

However, if the decision on the payment of the down payment of the "A", the approval of the drawings of the days out of the day, the delivery deadline is extended as much as the number of days delayed.

(2) “A” shall complete construction-related construction works and electrical construction works, etc. in a place where parking facilities are installed, and, if the installation of parking facilities is delayed due to the circumstances of “A”, payment of the payment under Article 3 shall be performed, and the number of days so delayed shall be extended accordingly.

(3) When the construction work is completed, “B” shall remove surplus materials and installed materials of the construction related to parking facilities from the construction site.

Article 13 (Compensation for Delay) (1) "B" shall be liable for the delay due to a cause attributable to "B" and shall be 1.0 of the remaining construction amount for one day after the date of delay.