beta
(영문) 대구지방법원 2014.01.23 2013가합5323

지체상금등

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 March 19, 2012, the Plaintiff entered into a construction contract with the Defendant to construct a main complex building on the land in Daegu-gu, Dong-gu, B, etc. (hereinafter “instant construction contract”). The main contents are as follows. The Defendant started construction work on April 13, 2012 according to the instant construction contract.

O The name of construction: The ratio of the O contract amount of 24 months from the date of commencement for the main complex business (urban residential housing, officetels, commercial building): 1/1,000 for each number of days in delay per day, per 1/1,000 for the number of days in arrears.

1. The date of commencement and completion of construction work shall be the date specified in the contract.

2. The date of completion shall not be changed due to the advertisement for sale or the conclusion of a contract for sale, and the defendant shall not change the date of completion.

However, where it is impossible to start the commencement date of construction without any reason attributable to the defendant, the date of commencement shall be the date of commencement, and the defendant may request an extension of the construction period only.

Article 16 (Extension of Work Period)

1. The date of completion shall not be changed due to the advertisement of sale, conclusion of sale contract, etc., and the defendant shall not change the date of completion;

However, where the performance of construction works is delayed due to the plaintiff's responsible cause, natural disaster, or force majeure event, etc. where it is objectively difficult to perform the construction works, the defendant may request the plaintiff to extend the construction period in writing.

2. Where there exists a request for the extension of the contract period under paragraph (1), the contract period may be extended immediately after investigating and verifying the fact and obtaining prior written consent from the plaintiff.

3. Where the construction period is extended under the above provision, the defendant may not claim against the plaintiff any additional expenses, such as site management expenses incidental thereto.

4. The plaintiff is entitled to paragraph (2).