(영문) 의정부지방법원 2019.08.28 2018가합51294

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(영문) 의정부지방법원 2019.08.28 2018가합51294

손해배상(기)

Text

1. As to the Plaintiff KRW 138,980,00 and KRW 42,680,00 among them, the Defendant shall pay to the Plaintiff KRW 96,30,000 from March 13, 2018.

Reasons

1. Facts of recognition;

A. On October 31, 2017, the Plaintiff concluded a contract with the Defendant, on November 31, 2017, set the construction period for the construction of neighborhood living facilities and housing (hereinafter “instant building”) on the C’s ground (hereinafter “instant construction”) from November 6, 2017 to March 30, 2018, the contract amount, KRW 89 billion (including value-added tax), and the liquidated damages rate of KRW 1/1,000 per day of delay per day.

(hereinafter referred to as “instant contract”). Among the general terms and conditions of the standard contract for private construction works incorporated into the instant contract (hereinafter referred to as “instant general terms and conditions”), the main contents of the instant contract are as follows:

Article 34 [A](the term "Plaintiff" refers to the plaintiff

hereinafter the same shall apply.

(1) A may cancel or terminate all or part of the contract in any of the following cases:

1. Where Eul (referring to the defendant; hereinafter the same shall apply) has failed to commence the construction even after the lapse of the agreed date of commencement without any justifiable reason;

2. Where it is evident that there is no possibility to complete the construction work within the completion date due to the grounds referred to in subparagraph (b).

3. Where the penalty for delay arrives at the amount equivalent to the contract deposit under Article 30 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.

4. Other cases where it is deemed impossible to achieve the purpose of the contract due to the violation of the terms and conditions of the contract B.

(3) B shall, upon receipt of the notice of cancellation or termination of the contract pursuant to paragraph (2), perform the following matters:

1. The construction work shall be suspended without delay and all facilities, equipment, etc. for the construction site;

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