beta
(영문) 광주지방법원 2017.10.27 2015가합54327

손해배상(기)

Text

1. As to KRW 828,352,249 and KRW 200,00,100 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 828,352,249, from April 14, 2015 to KRW 628,352,149.

Reasons

1. Basic facts

A. The rehabilitation company, Namnam Construction Co., Ltd. (hereinafter “NS shopping”), supplied and supplied the construction of the new construction of the NS shopping complex C ground complex building in Seongbuk-gu, Sungnam-si (hereinafter “instant building”).

B. On July 5, 2013, the Defendant determined the construction period of reinforced concrete construction (hereinafter “instant subcontracted construction”) from July 5, 2013 to May 31, 2014 as the contract price, the contract price of KRW 4,723,10,000, the contract bond of KRW 472,310,000, and the liquidated damages rate of KRW 0.3% from July 5, 2013.

The main contents of the subcontract are as follows:

Article 6 (Transfer of Rights and Duties) (1) The defendant shall not transfer or succeed to any rights and duties arising from this contract to a third party.

Provided, That this shall not apply where a written consent of the other party is obtained.

Article 7 (Performance of Contracts and Guarantee for Payment of Contract Price) (6) If the remaining mining construction is terminated or terminated in whole or in part under the provisions of Article 25 (1) due to the Defendant’s failure to perform contractual obligations, the remaining mining construction may claim for the payment of the amount equivalent to the loss incurred by the cancellation or termination of the contract for the deposit under paragraph (3) 1.

(7) If the unpaid amount of the construction price of the Southern Mine Construction and the loss incurred by the defendant's failure to execute the contract exceeds the deposit as referred to in paragraph (1), the remaining mining construction and the defendant may claim the excess amount to the other party.

Article 24 (Performance Delay) (1) If a defendant fails to complete construction within the deadline for completion as provided for in the contract, he/she shall pay the amount calculated by multiplying the contract price by the rate of liquidated damages and the number of delayed days.

Article 25 (Cancellation and Termination of Contracts) (1) In cases falling under any of the following subparagraphs, the remaining mining construction or the defendant shall set a reasonable period in writing: