손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 20, 2013, the Plaintiff entered into a construction contract with the Defendant on May 20, 2013, with regard to the construction works for the construction works of the Yandong-dong Yandong-si, Busan Metropolitan City Urban High-tech Industrial Complex (hereinafter “instant construction works,” and the construction works for the new construction of the new construction of the instant building”).
(hereinafter “original contract”. In this context, “A” refers to the Plaintiff and “B” respectively). “The original contract”: (a) on April 21, 2014; (b) on April 21, 2014, the completion date of the original contract: the construction cost: KRW 15.6 billion (excluding value-added tax): Compensation for delay: 3/100 of the construction cost per day in excess of the number of days (general terms of the contract) (1) of Article 17 (Extension of the General Conditions of the Contract) (1) of the Act on the ground that “A” is responsible, such as natural disasters, force majeure events, and failure in the supply and demand of raw materials, where the execution of construction is delayed due to reasons not attributable to “B”, “B” may request “A” to extend the construction period in writing
(2) Where there is a request for the extension of the contract term under paragraph (1), "A" may take necessary measures, such as the extension of the contract term, so that the Corporation can perform it appropriately after immediately investigating and verifying the fact and confirming the propriety of the reason therefor.
(4) Where the extension of the contract period under paragraph (1) has been approved, the term "A" shall not impose a penalty for delay on the extended period.
Article 19 (Loss by Force Majeure) (1) “B” shall immediately notify “A” of the completed portion or supplied materials of the completion of the construction and the leased goods when the damage was incurred due to force majeure, such as typhoon, flood, brue, bad weather, war, incident, earthquake, infectious disease, riot, riot, etc.
Article 30 (Compensation for Delay) (1) "B" shall apply to each number of days of delay when the construction work is not completed within the deadline for completion.