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(영문) 부산지방법원 2015.06.18 2014가합6728

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. The Plaintiff is a juristic person established on March 25, 191 for the main purpose of housing construction business, etc., and the Defendant J&W Co., Ltd. (hereinafter “Defendant Company”) is a juristic person established on August 3, 2010 for the main purpose of consulting business related to housing construction business.

B. On January 6, 2014, the Plaintiff and the Defendant Company drafted, on February 15, 2014, a standard contract for private construction works (Evidence 1-1-1 of A), stating the date of commencement, April 14, 2016, the contract amount of KRW 23,494,00,000, and the delay compensation rate of KRW 1/1,000, with respect to the new construction works of Ilwon-gu Seoul Metropolitan City and Officetel-type B, Busan Metropolitan City.

The above contract was accompanied by a separate agreement made between the plaintiff and the defendant company on the same day, and the above agreement states that "the above agreement is perceived as a contract entered into by the plaintiff, a contractor, to create a PPF, and the contents of the contract can be re-consultations after the financing of financial rights becomes final and conclusive. In addition, if the financing of financial rights is not available, the contract entered into by both parties shall be null and void."

C. On January 23, 2014, the Plaintiff drafted a standard contract for private construction works (Evidence A1-2) with the Defendant Company, etc., and the main contents are as follows:

(hereinafter “instant construction contract”). Standard contract for private construction works

1. Construction name: Construction work of a new urban-type B or officetel in Busan High-gu;

2. The construction place: The construction place shall be B in Busan High-gu.

3. Date of commencement: March 1, 2014 (to execute construction simultaneously with loans extended by Busan Bank)

4. Scheduled date of completion: May 31, 2016 (27 months from the commencement date of works)

5. Contract amount: The rate of liquidated damages for delay: 1/1,000 on January 23, 2014, 201: the orderer: the defendant company and the joint guarantor: the contractee: Article 31 (Cancellation, etc. of Contract by the contractor) of the General Conditions of the Standard Contract for Construction Works by the plaintiff, the new and new private company (the contractee):