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(영문) 서울남부지방법원 2019.09.03 2017가합110961

공사대금

Text

1. The Defendants jointly share KRW 279,718,839 against the Plaintiff, and Defendant B from November 2, 2017 to Defendant C.

Reasons

1. Basic facts

A. The plaintiff is a company aimed at general construction business, etc., and the defendants are owners of 1/2 shares in Guro-gu Seoul Metropolitan Government and E respectively.

Contract for Construction Works

3. Scheduled date for commencement: Value of KRW 1,55,000 for value of KRW 1,710,500,000 on July 5, 2016: Value of value of KRW 1,55,000: 15,50,000: Value-added tax of KRW 15,50,000.

7. Payment of completed portion: (i) Payment in cash on the 25th day of each month and on the first day of each month after completion of 15 percent of the contract amount, within one month after the submission of a warranty for repair of defects or on the first day of each occupancy.

9. Period of warranty liability: 36 months after completion of construction: The rate of liquidated damages: 1/100 of the construction period per day of delay per 1/1000 of the construction period.

Article 15 (Extension of Construction Period) (1) Where the performance of construction is delayed due to reasons not attributable to the Plaintiff, such as delay date agreed in advance due to reasons not attributable to the Defendants, natural disasters and force majeure events, the Plaintiff may request the Defendants to extend the construction period in writing.

(2) Upon receipt of a request for extension of the contract term under paragraph (1), the Defendants shall immediately investigate and confirm such fact and take necessary measures, such as extension of the contract term concluded with the Plaintiff so that the Corporation may perform it appropriately.

(3) Where the construction period is extended under paragraph (1), additional expenses, such as site management expenses incidental thereto, shall be adjusted by applying the provisions of Article 18.

(4) Where the Defendants approved an extension of the contract period for reasons under paragraph (1), they shall not impose penalty for delay on the extended extension.

Article 18 (Adjustment of Contract Amount and Period of Construction due to Modification of Design) (1) When the installation of additional facilities is required due to modification of business plan, etc., the Defendants shall modify the design.

② Defendants and the Defendants.