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(영문) 서울남부지방법원 2015.09.11 2014가단66561

공사대금 등

Text

1. The Defendant’s KRW 12,938,688 with respect to the Plaintiff and 6% per annum from October 4, 2013 to September 11, 2015, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that runs the business of selling and manufacturing drinking water, freezing and coco-helping equipment, and related equipment.

B. On June 2013, the Plaintiff entered into a construction contract with the Defendant for the following purposes (hereinafter “instant contract”) with respect to the construction of the secondary heat facilities at the Yanland Logistics Center located in the 1005 Jeju-si, Gwangju-si (hereinafter “instant construction”) (hereinafter “instant construction contract”).

(1) A construction period: (a) A construction period is extended through consultation between the parties after the Defendant was selected as a general supply support project for the project (Article 4 of the contract) - Where the performance of construction is delayed due to reasons not attributable to the Plaintiff, such as a natural disaster or force majeure, etc., the Plaintiff may request the Defendant to extend the construction period in writing; and (b) the Defendant shall immediately verify and confirm the fact and take necessary measures, such as extension of the contract period, so that the construction can be performed appropriately.

If the defendant has approved an extension of the contract period, he shall not impose any penalty for delay on it.

(Article 16(1) of the General Conditions of the Contract for Construction Works: The Project shall proceed only when the Defendant is selected as a general supply support project for the Project.

o Construction price: 340,540,000 won (excluding value-added tax) - Advance payment: 30% of the construction cost, and payment within seven days after the conclusion of the contract - Balance: The rate of liquidated damages for delay shall be 3/1,000 per day when the defendant judged that there is no problem while running a trial after the completion of the construction:

C. Meanwhile, on March 14, 2013, the Defendant applied for support for a building support project to a new and renewable energy center affiliated with the Energy Management Corporation, and obtained approval from the said agency on June 10, 2013.

The defendant bears the burden directly in addition to the subsidy received from the new and renewable energy center.