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(영문) 서울북부지방법원 2019.01.24 2016가합21715

지체상금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 6, 2013, the C Corporation (hereinafter referred to as the “C Corporation”) published a tender for the construction work of urban residential housing in Guro-gu Seoul Metropolitan Government (hereinafter referred to as “the construction work of the instant construction work”). The Plaintiff, a limited liability company (hereinafter referred to as “F”), and G Co., Ltd. (hereinafter referred to as “G”) participated in the said bidding by organizing a joint supply and demand organization (hereinafter referred to as “joint supply and demand organization”) and the instant joint supply and demand organization was awarded a successful bid for the instant construction work by the joint supply and demand organization.

(The share ratio between the Plaintiff and F is 49:51, and F is the representative of the instant joint supply and demand organization, and G is irrelevant to the construction part of the instant construction project, with the intention to perform the construction work as a means of sharing fire-fighting system installation parts during the instant construction project).

C On December 30, 2013, the Corporation concluded the instant construction contract with F and the construction contract (hereinafter referred to as “instant construction contract”) by determining the total construction cost as KRW 15,486,41,000 and the construction period as from December 31, 2013 (date of commencement) to June 4, 2015 (date of completion).

C. On December 15, 2014, the instant contracting body concluded the instant subcontract agreement (hereinafter “instant subcontract agreement”) with the Defendant on a fixed period from December 15, 2014 to June 4, 2015 (the starting date) of the construction period from December 15, 2014 (the starting date) to December 15, 2014 (the completion date).

C A corporation and the instant joint contractors entered into a contract on March 19, 2015, changing the date of completion of the instant construction contract from June 4, 2015 to April 30, 2016, and the instant joint contractors entered into a contract on May 29, 2015, changing the date of completion of the instant subcontract to April 15, 2016.

E. While performing the instant construction project, the instant joint contractors suspended construction from August 16, 2015.

On August 24, 2015, the Plaintiff’s instant case involving F to C&A around 24, 2015.