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(영문) 대구지방법원 2016.12.16 2014가합204868
공사대금
Text

1. The Defendant’s KRW 4,758,657,701 as well as the Plaintiff’s annual 6% from June 11, 2014 to December 16, 2016, and the following.

Reasons

1. Basic facts

A. On December 31, 2012, the Plaintiff entered into a contract with the Defendant for the following terms: (a) the Plaintiff agreed to receive extension works from the Defendant of the Daegu-gu Dial Center (hereinafter “instant building”) located in Daegu-dong, Daegu-dong, Daegu-dong, 360 (hereinafter “instant construction works”); and (b) the Plaintiff entered into a contract for the said construction works:

(hereinafter “instant contract”). Standard contract for private construction works

1. Official name: The construction works of expanding the Daegu Medical Center;

2. Construction site: Movable property in Daegu Metropolitan City, Jung-gu, 360.

3. Date of commencement: The date scheduled for completion on January 1, 2013: February 28, 2014, the Plaintiff and the Defendant changed the scheduled date for completion into March 28, 2014.

5. Contract amount: 14,410,000,000 won per day (including value added tax) per day gold (including 15,510,00,000/value added tax) actual contract amount shall be 14,410,00,000 won.

10. Warranty liability (in the case of a complex type of work, separate entry by type of work) the ratio of contract amount by type of work, warranty liability ratio of contract amount by unit of work, and amount of warranty liability ratio of 3% for reinforced concrete construction work - 5 years of original work and 3% of other construction works - liquidated liquidated damages rate of 3% for delay on the original three years: 0.1% of the contract amount / Article 9 of the General Conditions for Standard Contract for Construction Work for the daily Construction Work (the date of commencement and completion of construction work

(2) Where it is impossible to start on the date of commencement of construction without any cause attributable to a contractor (hereinafter referred to as "B"), the date of commencement of construction shall be the date of commencement, and in such cases, "B" may request an extension of the construction period.

(3) The date of completion shall mean the date "B" completes construction works and a contractor (hereinafter referred to as "A") requests a written inspection of completion.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 16 (Extension of Construction Period) (1) The responsibility of "B" is not the case where it is considerably difficult to perform the contract due to a cause attributable to "A", a natural disaster, a force majeure situation, a imbalance in the supply and demand of raw materials.

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