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(영문) 서울북부지방법원 2020.04.01 2018가합23777

손해배상(기)

Text

1. The Defendant’s KRW 2,498,816 as well as the Plaintiff’s KRW 5% per annum from November 9, 2018 to April 1, 2020.

Reasons

Basic Facts

The Plaintiff is a regional housing association established to carry on a construction project of multi-family housing, etc. in the Seoul Dobong-gu Seoul Metropolitan Government and five lots (hereinafter “instant project zone”) pursuant to the Housing Act, and the Defendant is a company that aims at the construction business.

Conclusion of the instant contract

1. Name of construction: A regional housing association, main complex construction works;

2. Place of construction: Dobong-gu Seoul Metropolitan Government, C, D, E, F, G, and H (six parcels).

3. Date of commencement: December 30, 2017

4. Date scheduled for completion: The contract amount on July 31, 2019: the price of the daily gold sale price of KRW 10 million (excluding the value-added tax).

6. A building scale: A approximately 5,530.74 square meters (based on deliberation drawings) and two stories underground or ten stories underground;

9. Late portion: 12. The rate of liquidated damages per month: 1/1,00 for delay: Other matters shall be executed in good faith on the basis of the project approval drawing(s).

On October 17, 2017, the Plaintiff entered into a contract for the construction of an apartment complex (hereinafter “instant contract”) in the instant project zone with the Defendant (hereinafter “instant construction”). The main content of the contract is as follows.

The contract of this case is accompanied by the general terms and conditions of the contract, and the parts related to this case are as follows.

Article 29 (Disposal, etc. of Wastes) The defendant shall dispose of wastes generated at the construction site in accordance with relevant statutes, and the plaintiff shall reflect the expenses incurred in disposing of wastes in the contract amount.

Article 30 (Compensation for Delay) (1) When the defendant fails to complete construction within the construction period, he/she shall pay to the plaintiff the amount calculated by multiplying the contract price by the rate for liquidated damages in the contract (hereinafter referred to as "compensation for delay") for each number of days immediately.

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 corresponding to the number of relevant days shall be paid:

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