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(영문) 서울중앙지방법원 2016.10.19 2014가합596230
지체상금
Text

1. As to KRW 2,513,347,656 among the Plaintiff (Counterclaim Plaintiff) and KRW 2,122,649,465 among the Plaintiff (Counterclaim Plaintiff)

Reasons

In the following cases, the main lawsuit and counterclaim are also examined.

1. Basic facts

A. On March 15, 2011, the Plaintiff entered into a construction contract with the Defendant on March 15, 201, and the Defendant is a building of three stories underground, three stories above ground, and a total floor area of 5,424.19 square meters on three parcels outside Jongno-gu Seoul Metropolitan Government (hereinafter “instant building 1”).

A) On the ground outside B and 5 lots, buildings with a total floor area of 4,4098 square meters and 4,098 square meters and 4,000 square meters on the ground (hereinafter “instant building”) and where the instant building and the instant building are referred to as “each of the instant buildings” are referred to as “each of the instant buildings.

) Each construction work (hereinafter referred to as “instant construction work”)

2) The contract for construction works to be executed (hereinafter “instant contract”).

(2) The main contents of the instant construction contract are as follows.

(hereinafter referred to as “A” and “B” mean the Plaintiff and the Defendant respectively). [Matters concerning the Corporation]

3. Date of the commencement of the construction period: The date of April 1, 2011, the date of completion: December 31, 2012, and the date of construction: 11,876,260,000 won (including value-added tax) and the building No. 2 of this case: 11,641,740,00 won.

7. Warranty period: Three years after approval for use: Provided, That approval for provisional use shall be included;

9. Rate of liquidated damages for delay: Article 10 (General Conditions of Construction Contract) (1) of the contract amount for each number of days of delay shall be the date on which the commencement date and completion date of construction works shall be the date specified in the contract amount;

(2) Where it is impossible to commence the commencement of construction work on the date of commencement of construction work without any cause attributable to B, the date of commencement of construction work by B and in such cases, B may request an extension of the construction period.

(3) The date of completion means the date on which the completion of the construction works of Eul and the approval for use by the relevant government agency obtains the completion of the construction works of Gap pursuant to Article 23.

Article 16 (Extension of Construction Period) (1) Construction works shall be performed for reasons not attributable to B, such as natural disasters or force majeure events, imbalance in the supply and demand of raw materials, discovery of cultural heritage, etc. which are considerably difficult to perform.

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