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(영문) 서울고등법원 2016.04.07 2015나13760

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts construction business, etc., and the Defendant is the owner of Gyeyang-gu Incheon Metropolitan City Land Co. (hereinafter “instant land”).

3. Date of commencement: July 25, 2012.

4. Date scheduled for completion: October 31, 2012.

5. Contract amount: 418,00,000 won (value of supply 380,000,000, additional tax amount of 38,000,000 won): Warranty liability rate: 3% of the warranty bond rate for defect repairs, and rate of liquidated damages for delay on January 12, 199: Article 9 of the General Conditions of the Contract for 3/100 of the daily contract amount per the number of delayed days [construction period] (1) Date of commencement of construction work and date of completion shall be the date specified in the contract.

(2) Where it is impossible to start the commencement date of construction without any cause attributable to the plaintiff, the date of commencement shall be the date of commencement, and the plaintiff may request an extension of the construction period.

(3) The date of completion means the date the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

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

(2) Where there exists a request for extension of the contract period under paragraph (1), the defendant shall promptly investigate and confirm such fact and take necessary measures, such as extension of the contract period, so that the Corporation may appropriately implement it.

(3) Where the construction period is extended under paragraph (1), additional expenses, such as site management expenses incidental thereto, shall be adjusted by applying Article 21.

(4) Where the defendant has approved an extension of the contract period under paragraph (1), he/she shall not impose penalty for delay on the same extension.

Article 19 [Adjustment of Contract Price due to Modification of Design] (1) The contents of the design do not coincide with the condition of the construction site, or are unclear, omitted;