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(영문) 수원지방법원성남지원 2016.09.07 2016가단201172
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 2012, the Defendant awarded a contract for the construction of 6 buildings of D factories (hereinafter “factory buildings of this case”) and ancillary facilities on the land above Yyang-gu, Gyeyang-gu, Yangyang-gu, Seoul (hereinafter “Tyang-gu”) around 2012, but the Daeyang-gu ceased the construction above around December 2012.

B. On March 18, 2013, the Defendant: (a) decided and awarded a contract for the remainder of the construction work (hereinafter “instant construction work”); (b) on the same day, the Plaintiff and the Defendant drafted a written contract for the construction work (hereinafter “instant contract”); (c) the key contents are as follows; (d) the Defendant and the Plaintiff are the Plaintiff, and “A” are the Plaintiff and “B”.

Standard Construction Contract Documents

1. Construction name: New construction works of D factory (factory and its subsidiary facilities) in C;

3. Commencement of a construction period: On March 18, 2013: The rate of liquidated damages on May 18, 2013: 0.1%: 11%; the owner of a building and the contractor shall conclude a construction contract in accordance with this contract and supplementary design drawings and specifications; and shall prepare two copies of this contract and related documents as evidence and keep them in one copy.

【Standard Contract Terms and Conditions for Construction Projects (hereinafter referred to as “Standard Contract Terms and Conditions”).

[1] Article 21(1)(1) of the Act provides that “A” shall be notified to “A” upon completion of the construction work, and “A” shall conduct an inspection in the presence of “B” without delay after receipt of the notification.

(2) When a person fails to pass an inspection under paragraph (1), "B" shall repair or remodel it without delay and undergo a re-inspection.

Article 23 (Compensation for Delay) (1) When construction work is not completed within the deadline for completion, “B” shall pay to “A” the amount calculated by multiplying the contract price by the delayed rate for delay for each number of days.

Article 34 (Matters of Special Agreement) Other expenses (amount of insurance premium, employment insurance premium, safety management expense, profit and miscellaneous expenses) shall be paid to the contract amount (amount of construction work).

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