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(영문) 서울중앙지방법원 2018.11.15 2017가합567509

손해배상(기)

Text

1. As to KRW 355,916,655 and its KRW 341,950,00 among the Plaintiff, the Defendant shall start from October 17, 2017 to January 2, 2018.

Reasons

1. Basic facts

A. (1) On December 27, 2012, the Plaintiff entered into the first construction contract with the Defendant, a stock company with the purpose of construction business around December 27, 2012, and the Defendant Seopo-si Co., Ltd and two parcels (hereinafter “instant site”).

) 9 canal wells, 59 households, e.g., 59 units (hereinafter referred to as “instant building”).

2) The construction project newly constructed (hereinafter referred to as the “instant construction project”)

2) The first contract for the construction work of this case (hereinafter “the first contract for the construction work of this case”)

A) The terms and conditions of the instant construction contract are as specified below. The Plaintiff, “B,” and the Defendant’s Agreement on Construction Works (hereinafter “Rules of this case”).

A person shall be appointed.

3. Date of commencement: January 15, 2013 (after the commencement permission).

4. The scheduled completion date: Contract amount: 6,324,00,000 won (per square 3,950,000 won) for August 31, 2013.

7. Method of paying the construction cost 1) Balance: The balance of the contract amount 10%) : The gender payment every month.

8. Contract deposit rate: 10/100 of the contract amount; 10/100 of the contract amount; The rate of liquidated damages for delay: 1/100 of attached documents:

1. Article 18 (Extension of Construction Period) (1) of the General Conditions for Contract for Private Construction Works under Part I of the General Conditions for Contract for Construction Works (hereinafter “General Conditions in this case”) (1) where the performance of construction works is delayed due to reasons not attributable to “B”, such as a cause attributable to “A” or a natural disaster, force majeure situation, and a imbalance in the supply and demand of raw materials, etc., where performing construction works is considerably difficult, “B” may request “A” to extend

Article 29 (Compensation for Delay) (1) "B" shall, when the construction work has not been completed within the deadline for completion, pay to "A" the amount calculated by multiplying the contract price by the rate of compensation for delay 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 A, and where the construction has been delayed due to any of the following causes, the construction shall be delayed: