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(영문) 서울고등법원 2015.09.25 2014나8174
지체상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition shall be revoked.

Reasons

1. Standard contract for the construction work of basic facts; and

3. Period of construction: Commencement on May 1, 201, and completion on July 31, 201: Contract amount: 1,916,640,000 won (including value-added tax).

5. Prepaid gold: 150,000,000 won.

6. The timing and method of the completed amount: It shall be paid in consultation according to the progress rate.

9. Rate of liquidated damages: A contract bond on October 1, 000: if the payment (20% of the contract amount) by a written guarantee is stipulated in Article 19 of the General Conditions of the Construction Work Standard Contract (Grade 1) (1). The defendant may request an inspection of the completed portion in accordance with the contract. In such cases, the plaintiff shall conduct an inspection without delay.

(2) The defendant may demand the amount of progress payment calculated in accordance with the unit price of the result of the inspection under paragraph (1) and the detailed statement of construction price under Article 6, and the plaintiff shall pay it in accordance

Article 23 (Compensation for Delay) (1) When the defendant fails to complete construction works within the deadline for completion, he/she shall pay to the plaintiff an amount calculated by multiplying the contract price by the delayed rate for each number of days.

However, if it is delayed due to natural disasters, wars, closure of ports, restrictions on access for prevention of contagious diseases, or other reasons not attributable to the defendant, this shall not apply.

On May 2, 2011, the Plaintiff entered into a contract with the Defendant to construct a gas station and a rest area building (hereinafter “instant contract”) on the ground A, Gangwon-gun, Gangwon-gun (hereinafter “instant construction”). The main contents of the construction work standard contract and the general terms and conditions of the construction work standard contract attached thereto are as follows.

B. On July 28, 2011, the Plaintiff and the Defendant concluded a contract to extend the construction period of the instant contract by October 31, 201.

C. The Plaintiff: (a) paid-in KRW 150,00,000 on May 4, 201; (b) KRW 250,000,000 for the first portion on June 10, 201; and (c) KRW 300,00,000 for the second portion on August 11, 201; and (b) KRW 300,000 for the second portion on September 3, 201; and (c) KRW 250 for the second portion on September 3, 201.

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