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(영문) 의정부지방법원고양지원 2015.04.01 2013가합9796
공사대금반환 등
Text

1. The Defendant’s KRW 137,100,49 as well as 5% per annum from December 1, 2013 to April 1, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On August 2012, the Plaintiff awarded a contract for the construction of 6 buildings of D factories (hereinafter “instant factory buildings”) and ancillary facilities on the land outside Gyeyang-gu, Gyeyang-gu, Yangyang-gu, Yangyang-gu, Seoul (hereinafter “Syang-gu”) with the Plaintiff around August 2012, but the Daeyang-gu ceased the said construction on the ground of December 2012.

B. On March 18, 2013, the Plaintiff: (a) concluded a contract with the Defendant for the remainder of the construction work (hereinafter “instant construction work”); and (b) on the same day, the Plaintiff and the Defendant drafted a written contract for the construction work (hereinafter “instant contract”); and (c) the main contents are as follows.

Standard Construction Contract Documents

1. Construction name: New construction works of D factory (factory and its subsidiary facilities) in C;

3. Commencement of a construction period: On March 18, 2013: The rate of liquidated damages on May 18, 2013: 0.1%: 11%; the owner of a building and the contractor shall conclude a construction contract in accordance with this contract and supplementary design drawings and specifications; and shall prepare two copies of this contract and related documents as evidence and keep them in one copy.

【Standard Contract Terms and Conditions for Construction Projects (hereinafter referred to as “Standard Contract Terms and Conditions”).

[1] Article 21 (1) (1) Upon completion of construction, the Defendant shall notify the Plaintiff, and the Plaintiff shall conduct an inspection without delay in the presence of the Defendant after receiving the notification.

(2) When the defendant fails to pass the inspection under paragraph (1), he shall repair or remodel it without delay and undergo the inspection again.

Article 23 (Compensation for Delay) (1) When the defendant fails to complete construction within the deadline for completion, he shall pay to the plaintiff the amount calculated by multiplying the contract price for delay by the number of days per delay.

Article 34 (Matters of Special Agreement) 1) Other expenses (infinite premium, employment insurance premium, safety management expense, profit and miscellaneous expenses) are included in the contract amount (amount of construction work).

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