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(영문) 광주지방법원순천지원 2017.05.16 2015가합732
부당이득금반환 등
Text

1. The Defendant’s KRW 154,432,067 as well as the Plaintiff’s annual rate from January 13, 2017 to May 16, 2017.

Reasons

1. Basic facts (applicable for recognition: The non-contentious facts, Gap evidence 1 through 4, and 7 (including virtual numbers; hereinafter the same shall apply);

(1) If Article 24(1)(Defendant) fails to complete the construction by the deadline for completion as set forth in the contract, each description of the appraiser B, the result of the appraiser B’s appraisal, the fact-finding inquiry about the appraiser B of this Court, the purport of the entire pleadings) shall be paid to Gap (Plaintiff) in an amount calculated by multiplying the contract amount by the rate of delay penalty and the number of delayed days

(3) Where construction works are deemed delayed due to any of the following causes, the number of days equivalent to the relevant number of days shall not be included in the number of delayed days:

1. Where it is due to typhoons, floods, or other bad weather, war or incident, earthquake, fire, riot, the crumping of ports, the pollution of ports, the prevention of epidemics, access restrictions, etc. for security;

6. Where delay is caused by any other cause not attributable to B, Article 25 (Cancellation and Termination of Contracts) (1) In cases falling under any of the following subparagraphs, A or B may cancel or terminate the whole or part of the relevant contract, if the contract is not performed within the said period after demanding in writing that the contract be performed within a reasonable period fixed:

1. Where it is deemed that A or B cannot achieve the purpose of the contract in violation of the terms and conditions of the contract;

A. On May 16, 2012, the Plaintiff entered into a contract with the Young-gun for construction works. On March 4, 2013, the Plaintiff entered into a contract with the Defendant for the construction of reinforced concrete (hereinafter “instant construction”) among the said construction works, with the construction cost of KRW 944,90,00,00, the construction period from March 4, 2013 to December 31, 2013 (hereinafter “instant subcontract”). The terms and conditions of the contract for construction works, which are part of the instant subcontract, are as follows.

B. Since then, the construction amount and construction period of the instant subcontract have been changed on four occasions, finally, August 31, 2014.

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