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(영문) 부산고등법원 2019.12.19 2018나56797 (1)
손해배상(기)
Text

1. The part against the defendant B among the part against the defendant B of the judgment of the first instance shall be revoked, and the part shall be subject to the above revocation.

Reasons

1. Basic facts

A. On June 22, 2015, the Plaintiff received contracts from D (hereinafter referred to as “D”) for a new construction project for the 19-dong detached housing and 19-dong, Dong-dong, Jeju-do “DF” (hereinafter referred to as “instant new construction project”) on two parcels outside Seopo-si, Seopo-si, Jeju Special Self-Governing Province (hereinafter referred to as “D”) as “Nos. 11 and 2, respectively.

(hereinafter “instant contract”). (b)

On July 1, 2015, the Plaintiff is performing the new construction of this case to Defendant B (Trade Name): G

1. On July 1, 201, common provisional construction works, 1-9. Incidental construction works, and 1-10. The remainder of the construction works (hereinafter referred to as “instant construction works”) excluding those for landscaping works (hereinafter referred to as “instant construction works”) were determined and subcontracted as KRW 2,310,000 (including value-added tax) for the construction period from July 1, 2015 to March 20, 2016, as follows:

(hereinafter “instant subcontract”). Standard subcontract agreement for construction works

6. Payment of the price: The price adjustment and payment following a design change shall be adjusted in consultation with each other at the time of design change;

7. The scope of the construction work: The construction work conducted in accordance with the drawing and estimate; 11. The rate of liquidated damages for delay: 0.3% (general terms of subcontract) (1) Article 15 (Extension of the Period of Construction Works) (1) Where the performance of construction is delayed due to any cause not attributable to the Plaintiff, such as natural disasters or force majeure, etc., and the extension of the period of construction may be requested in writing to A;

(3) Where A has approved an extension of the contract period under paragraph (1), he/she shall not impose penalty for delay on the same extension.

Article 18 (Adjustment of Contract Amount Due to Modification of Design) (1) In a case where the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or where the installation of additional facilities is required due to a modification of the project plan, etc., Gap shall be required.

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