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(영문) 수원지방법원 2020.06.17 2019가합10326

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

Basic Facts

[Ground for recognition: The fact that there is no dispute, entry of Gap evidence 1, the purport of the entire pleadings] The construction site - the construction period of Osan City C, 3-D Round (area: 252 square meters): March 5, 2018 - The completion date: (1) The total construction cost: the period for payment of KRW 212,80,000 (excluding value-added tax) on March 30, 2018 - The first (24,000,000): the second (30,000 won for start-up) on March 5, 2018 - the third (80,000,000 won for loan funds) on March 15, 2018 - the remainder of the payment period of the construction work from March 24, 2018 to the Plaintiff (20,000,000 won) on March 24, 2018

(C) The “Plaintiff” shall not delay the payment of the price for the work under the preceding paragraph without any justifiable reason, and at the time of the delay the unpaid amount shall be paid at a rate of 6% interest per annum from the following day to the date of full payment.

Article 3 (Cancellation of Defects) (1) "Defendant" is responsible for repairing all or part of the defects that occurred within 12 months after the completion of the work.

Provided, That the "Plaintiff" and "Defendant" may separately agree on the extension or reduction of the period for repairing defects.

(2) In the case of a natural disaster or negligence of the plaintiff, "the defendant" shall be exempted from liability. Article 4 (Performance Delay) (1) "the defendant" shall pay to "the plaintiff" compensation for delay equivalent to 2/1,000 of the construction amount per delay day when the construction has not been completed within the deadline for completion.

(2) Where the Corporation is delayed due to labor-management disputes, natural disasters, and other special circumstances, the defendant may immediately notify the "Plaintiff" and request the extension of the period until the relevant cause ceases to exist.

(3) In the case of design change at the request of the plaintiff and delay in construction due to reasons under paragraph (2), the delayed compensation under paragraph (1) shall be exempted.

On March 5, 2018, the Plaintiff is below the Rotterdam Corporation as follows.