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(영문) 부산고등법원 2017.08.24 2017나50426

손해배상(기)

Text

1. The part against the defendant among the judgment of the first instance is revoked and the plaintiff's claim corresponding to the revoked part is dismissed.

Reasons

1. Basic facts

A. On May 2013, the Plaintiff and the Defendant concluded a contract with the Plaintiff for the construction of the instant building (hereinafter “instant construction”) with the following terms (hereinafter “instant contract”).

1. Name of the construction: New construction works of a tent, Tuespath, Spath, Spath, Spath and girls Association;

2. Scheduled date of commencement: The contract amount on May 31, 2014, May 31, 2014: 3,300,000,000 won (including value-added tax) for delay on May 31, 2014: The rate for delay delay: 11. The date of commencement and completion of construction works shall be the date specified in the contract, under Article 9 (Period of Construction Works) of the General Conditions for the Standard Contract for Private Construction Works (Period of Construction Works).

(3) The completion date refers to the date the Defendant completed construction works and requested the Plaintiff to undergo a completion inspection in writing.

However, it shall be limited to the cases of passing a completion inspection under Article 24.

Article 16 (Extension of Work Period) (1) Where the performance of work is delayed due to reasons not attributable to the defendant, such as a natural disaster or force majeure event, etc., the defendant may request the plaintiff to extend the work period in writing.

(4) When the plaintiff has approved an extension of the contract period under paragraph (1), he shall not impose penalty for delay on the extended period.

Article 23 (Partial Use) (1) The plaintiff may use all or part of the object of construction with the consent of the defendant even before transferring the object of construction.

Article 24 (Completion Inspection) (1) The defendant shall notify the plaintiff upon completion of construction, and the plaintiff shall conduct the inspection without delay in the presence of the defendant after receiving the notification, and if the plaintiff fails to notify the result of the inspection within ten days after receiving the notification of the defendant, the inspection shall be deemed to have passed at the expiration of ten days.

Article 25 (Payment of Price) (1) The defendant shall pass the inspection of completion of the plaintiff.