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(영문) 서울고등법원 2016.04.22 2015나11429

공사대금

Text

1. The part against the plaintiff in Article 2. of the Judgment of the court of first instance, including the plaintiff's claim expanded in the trial.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company mainly aiming at the work of civil engineering and construction, etc., and the Defendant is a personal entrepreneur conducting warehouse business, etc. with the trade name “D.” (2) On June 5, 2012, the Defendant concluded a contract (including the following contract for the construction of the instant construction project) between June 1, 2012 and November 30, 2012, stipulating the construction period of “D Second Logistics Center Construction Works” on the ground of “D Second Logistics Center” (hereinafter “the instant construction project”) on the ground of the wife population E and three parcels, which is permissible between the Plaintiff and the Plaintiff.

3. The main contents of the instant construction contract are as follows.

Contracts for Change of Private Construction Works

9. Endd portion: up to 70% of the contract amount shall be paid according to the catations.

Provided, That 70% of the amount of the application for gender shall be paid.

12. The rate of liquidated damages: Article 29 (Compensation for Delay) of the general conditions in the contract for private construction works per day (attached Form) (1) When the plaintiff fails to complete the construction works within the deadline for completion, he/she shall pay to the defendant the amount calculated by multiplying the contract amount by the rate for liquidated damages under the contract (hereinafter referred to as "compensation for delay") for each number of days without delay.

Article 33 (Cancellation, etc. of Contracts by Defendant) (1) In cases falling under any of the following subparagraphs, the defendant may cancel or terminate all or part of the contract:

(2) The rescission or termination of a contract pursuant to the provision of paragraph (1) shall take effect by notifying the Plaintiff of the rescission or termination of the contract when the contract is not performed within the given period after the Defendant notified the Plaintiff in writing, with the deadline for performing the contract fixed.

4. Meanwhile, at the time of concluding the instant construction contract on June 5, 2012, the Plaintiff and the Defendant: (a) the date on which the Defendant prepared for the purpose of obtaining facility funds loans from financial institutions.