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(영문) 울산지방법원 2020.06.04 2018가합22394

손해배상(기)

Text

1. The Defendant paid KRW 109,454,00 to the Plaintiff KRW 5% per annum from May 4, 2018 to June 4, 2020.

Reasons

1. Basic facts

A. On July 7, 2017, according to the overall purport of the Plaintiff’s statement No. 1 (the contract date is indicated as “ August 10, 2017,” and the general terms and conditions of the contract for construction works, which are attached documents, as “the contract date” on July 7, 2017) and the entire pleadings, the date of concluding the contract for construction works between the Plaintiff and the Defendant is recognized as July 7, 2017.

The Defendant awarded a contract for the construction work of constructing D neighborhood living facilities on the land of Ulsan-gu, Ulsan-gu (hereinafter “instant construction work”) to KRW 847,00,000 for the construction cost (including value-added tax).

(hereinafter referred to as “the instant construction contract”). The parts relating to this case under the instant construction contract are as follows.

The first intermediate payment of KRW 20% of the total construction cost of KRW 770,000,00 (excluding value-added tax): 20% of the total construction cost of KRW 154,000,000: The second intermediate payment of KRW 20% of the total construction cost of KRW 154,00,000 after the completion of the framework 2F: The third intermediate payment of KRW 30% of the total construction cost of KRW 231,00,000 after the framework 2F is completed: The remainder of KRW 15% of the total construction cost of KRW 15,50,000 after the external show work: 15% of the total construction cost of KRW 15,50,000 after the completion of the joint payment: Additional explanation and written confirmation on the contents of the C Construction.

1. Hours of construction: The commencement of construction shall be commenced from the beginning of September, and the construction shall be completed by no later than March 10 and the building shall be transferred to the project owner;

2. The transfer period of a construction project: the contractor shall be responsible for the portion of the statutory damages on the basis of the basic calculation rate of legal basis at the time the construction period is not observed and the completion thereof is delayed.

B. The Plaintiff paid a total of KRW 719,400,000 to the Defendant by January 17, 2018.

C. On April 30, 2018, the Defendant suspended construction works before or around that time, and the Plaintiff concluded a construction contract again with E (State) around May 23, 2018 while directly resumed construction works around April 30, 2018, and the completion date of construction works under the said contract is June 30, 2018.

The Plaintiff, from the Defendant, performs the structural construction of the instant construction works.