손해배상(기)
1. The Defendant’s KRW 402,242,029 as well as 5% per annum from July 1, 2014 to September 11, 2015 to the Plaintiff.
1. Circumstances leading to the dispute of this case;
A. On September 28, 2007, the Ministry of National Defense entered into the instant project and the instant contract. On September 28, 2007, the Ministry of National Defense is a military official residence and other facilities (hereinafter referred to as “E official residence”) on the land outside 15 lots (43,000 square meters) and the Daejeon Seosung-gu, Daejeon, Daejeon, and 58 lots (45,840.26 square meters) on the ground.
2) The project to build private investment facilities (hereinafter referred to as “instant project”)
2) On November 16, 2009, the Plaintiff, Defendant, Gyeongnam Bank, and KMM Co., Ltd. concluded a concession agreement with the Ministry of National Defense to provide funding for the design, construction, maintenance, management, operation, and implementation of E official businesses (total costs of KRW 64,580,00,000) according to the instant project.
Article 28 of the concession agreement of this case provides for compensation for delay as follows.
Article 28 (Compensation for Delay) (1) Where a project operator completes the completion of any project facility in excess of the completion date (including the date of extension under this Convention) determined by this Convention and the implementation plan without good cause, the project operator shall pay the compensation for delay from the date following the completion date of the completion of the project (including the date of completion of the project pursuant to this Convention), as prescribed by Article 74 of the Enforcement Decree of the State Contracts Act and Article 75 of the
In such cases, the contract price under the same Act shall be deemed the total project cost.
3) The Plaintiff and the Defendant jointly agreed to make a construction investment in the instant project, and concluded a joint supply and demand agreement with the following terms on the date of the construction contract under subsection (4) below.
(hereinafter referred to as the “instant Joint Supply and Demand Convention”). For the purpose of Article 1, the Convention concluded on November 16, 2009 shall include the concession agreement for the E Government-Private Infrastructure Project.