beta
(영문) 춘천지방법원 속초지원 2018.06.01 2015가단2388

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 59,060,340 as well as the full payment from May 27, 2016.

Reasons

1. Basic facts

A. Around November 2014, the Plaintiff entered into a construction contract with the Defendant under which the construction work for the construction of a new site C neighborhood living facility and a detached house (hereinafter “instant building”) (hereinafter “instant construction work”) was to be executed (hereinafter “instant construction contract”).

Of the contents of the instant construction contract, the parts related to the instant case are as follows.

The date of commencement: The scheduled date of completion on March 30, 2015: The rate of liquidated damages for delay: 400,000,000 won (excluding additional tax): The rate of liquidated damages for delay: 3/1,000 per day: Article 17 (Extension of Period of Construction) of the General Conditions for Standard Contract for Private Construction Works: (1) Where the performance of construction is delayed due to reasons not attributable to “A” (the plaintiff; hereinafter the same shall apply), such as natural disasters, force majeure events, imbalance in raw materials supply and demand, etc., where it is considerably difficult to perform the construction due to reasons not attributable to “B” (the defendant; hereinafter the same shall apply), “B” may request “A” to extend the period in writing.

Article 30 (Compensation for Delay) (1) "B" shall pay to "A" the amount calculated by multiplying the rate of compensation for delay in the contract by the contract amount (hereinafter referred to as "compensation for delay") by the number of days of delay when the construction has not been completed within the deadline for completion.

Provided, That where a completion inspection has been delayed due to a cause attributable to "A" and where the construction has been delayed due to any of the following causes, the penalty for delay equivalent to the number of relevant days shall not be paid:

3. Where the commencement of construction has been delayed or suspended due to a cause attributable to A;

4. Where the Corporation delays due to any cause not attributable to the liability of “B”, details of the construction contract amount separate from that of the special agreement.

1. Design and supervision expenses;

2. Industrial accident insurance premiums;

3. Preparation of a site survey and current status survey map;

4. Costs involved in electricity, water supply, and urban gas;

5. Installation of electric light;

6. Three storys (excluding general paintings);

7. Installation of attached stuffs;

8. Indoor interior decoration works;

9.Materials.