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(영문) 수원지방법원 2016.04.28 2015가합64004

지체상금

Text

1. The Plaintiff:

A. The Defendants jointly share KRW 47,025,00 and as to this, from December 18, 2014 to April 28, 2016.

Reasons

1. Facts of recognition;

A. On August 17, 2013, the Plaintiff entered into a contract (hereinafter “instant contract”) with Defendant B and Defendant B to construct a building (hereinafter “instant building”) at KRW 275 million on the ground of the Suwon-gu Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si (hereinafter “instant building”). The Plaintiff entered into a contract (hereinafter “instant contract”).

Defendant C entered into a contract with the Plaintiff on the same day, and Defendant B’s debt guarantee under the instant contract.

Standard contract for private construction works

3. Date of commencement: 2013. 8. (Date of Building Permits)

4. The scheduled completion date: November 2014 (four months after commencement of works).

5. Late portion: A loan from the bank after the completion of the second floor, and a tenant after the completion of the remainder; 11. The rate of delayed payment: 1/1,000 per year: the rate of delayed payment: Article 9 (Period of Construction Work) of the General Conditions for Contract for Private Construction Works (Period of Construction Work) (1) of the General Conditions for Construction Work and the date of commencement of construction work shall be the date specified in the contract.

Article 27 (Compensation for Delay) (1) When the defendant fails to complete construction within the deadline for completion, he/she shall pay to the plaintiff an amount calculated by multiplying the contract price by the delayed rate in the contract for each day of delay.

Provided, That where a completion inspection has been delayed due to a cause attributable to the plaintiff and where the construction has been delayed due to any of the following causes, the compensation for delay equivalent to the number of relevant days need not be paid:

1. Cases due to force majeure events prescribed in Article 18;

2. Where the progress of construction works becomes impossible because the supply of important materials that the defendant is unable to use as a substitute has been delayed due to a cause attributable to the plaintiff.

3. Where the commencement of construction has been delayed or suspended due to causes attributable to the plaintiff;

4. Where the Corporation is delayed due to reasons not belonging to the defendant's liability, Article 31 (Cancellation, etc. of Contracts by the plaintiff) (1) In any of the following cases, the plaintiff may cancel or terminate all or part of the contract: