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(영문) 부산지방법원 2015.12.02 2014가합8366

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On February 19, 2014, the Plaintiff, as a person who runs a building business in the name of C, was awarded a contract from the Defendant for a new construction project for the three units of detached houses of the second floor D with macro-si (hereinafter “instant construction project”) with the following content:

(hereinafter referred to as “instant contract”): The scheduled date of completion on February 25, 2014: The contract amount on May 25, 2014: 500,000,000 won: 0.11. The construction period of 0.1% (matters of a special contract for construction) shall be three months, but the construction period shall not be extended without any special reason.

The construction amount shall be KRW 510,00,000, and all construction works other than landscaping trees shall be completed.

The construction cost shall be KRW 50,00,000 for container, KRW 100,00 for the aggregate of the first floor, KRW 100,000 for the second floor, KRW 100,000 for the completion of civil engineering, KRW 5,00 for internal finishing, KRW 50,000 for completion, and KRW 60,000 for one month or less.

The Plaintiff failed to complete the instant construction project by May 25, 2014, which was the completion date of the relevant construction works.

On May 28, 2014, the Defendant terminated the instant contract and notified the Plaintiff of the completion of the instant construction works on the ground that the instant construction works had been performed only despite the completion of the instant construction works, and that the defects incurred in the retaining wall, tent, etc. were repaired.

On June 6, 2014, the Plaintiff notified the Defendant that the difference between the Plaintiff and the Defendant regarding the internal interior interior interior interior interior interior interior interior scope of construction is the cause of this Section, and that the Defendant consented to the Defendant’s declaration of termination of the instant contract.

On the other hand, the main contents of the instant contract are as follows.

[General Conditions for the Contract in this case] Article 26 (Compensation for Delay) (1) When the plaintiff fails to complete the construction within the deadline for completion, the plaintiff shall pay to the defendant the amount calculated by multiplying the rate of compensation for delay under the contract by the contract amount (hereinafter “compensation for delay”) for each number of days without delay.

However, where a completion inspection has been delayed due to a cause attributable to the defendant, and the construction has been delayed due to any of the following reasons: