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(영문) 서울중앙지방법원 2019.06.18 2016가단120326
공사대금
Text

1. The Defendant’s KRW 37,460,136 as well as the Plaintiff’s annual rate of KRW 6% from July 2, 2016 to June 18, 2019.

Reasons

1. Facts of recognition;

A. On March 12, 2016, the Plaintiff received a contract with the Defendant for construction works for underground remodeling of the Diplomatic Association (hereinafter “instant construction works”) from the Defendant, with the contract amount of KRW 310,000,000 (additional tax separate), from March 28, 2016 to June 3, 2016, with the construction period of KRW 1/1000 per day, respectively.

(hereinafter referred to as “the instant contract”). The major terms and conditions contained in the instant contract are as follows:

Article 17 (Extension of Term of Construction Works) (1) of the General Conditions of the Standard Contract for Private Construction Works Contract (Extension of Term of Construction Works) (1) Where the execution of construction work is delayed due to reasons not attributable to the plaintiff, such as natural disasters, force majeure events, imbalance in the supply and demand of raw materials, etc., which are considerably difficult to perform due to reasons not attributable to the plaintiff, etc., Eul may request in writing

(4) Where a person has approved an extension of the contract period under paragraph (1), he/she shall not impose any penalty for delay on him/her.

Article 21 (Adjustment of Contract Price due to Modification of Design) (2) Where an increase or decrease in the quantity of construction works occurs due to a modification of design under paragraph (1), the contract price shall be adjusted according to the following standards, and if necessary, the construction period shall

1. The unit price for the increased construction works shall be determined through mutual consultation on the basis of the unit price indicated in the calculation sheets under Article 9;

(2) The completed portion shall be calculated based on the unit price of the calculation sheet under Article 2 (8) 8.

Provided, That where there is no calculation statement, the calculation shall be made by agreement between A (Defendant) and B according to the construction progress ratio.

Article 30 (Compensation for Delay) (1) When the construction work is not completed within the deadline for completion of the construction work by the deadline, the amount calculated by multiplying the contract price by the rate of the compensation for delay in the contract (hereinafter referred to as "compensation for delay") shall be paid to Gap (Defendant) for each number of days

However, the reasons attributable to Party A (Defendant).

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