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(영문) 서울중앙지방법원 2016.11.24 2014가합507322
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant is Gangnam-gu Seoul Metropolitan Government B and C (hereinafter “instant construction site”)

3) As to the construction of the accommodation facilities of the third and nine stories above ground (hereinafter “new construction of the instant case”).

(a) On the first day of May 7, 2013 (Standard Contract for Private Construction Works: The contract amount as at the date of completion of the relevant project on May 7, 2014 (7 months after the commencement of the relevant project): 6,358,000,000 won (including value-added tax): Advance payment of KRW 635,80,000 (10% of the contract amount): At least 127,160,000 (2% of the contract amount): At least once a month (the rate of liquidated damages paid within 14 days after the end of each month: 10/100 of the contract amount:

2. Day, the size of which is not less than 10 meters shall be excluded;

[민간건설공사 표준도급계약 일반조건] 제10조[선금] ④ 선금은 기성부분에 대한 대가를 지급할 �마다 다음 방식에 의하여 산출한 금액을 정산한다.

[Amount of advance settlement = Amount in advance 】 Amount in advance 】 Amount in advance / contract amount / [Amount in advance] Article 27 / [1] “B” shall pay to “A” the amount calculated by multiplying the amount of penalty for delay in the contract by the rate of the amount of the contract for delay in every number of days when the construction is not completed within the deadline for completion.

Provided, That where a completion inspection has been delayed due to a cause attributable to "A" and where the construction has been delayed due to any of the following causes, the penalty for delay equivalent to the number of relevant days shall not be paid:

1. Cases due to force majeure events prescribed in Article 18;

2. Where the supply of important materials that can not be used as a substitute for "B" has been delayed due to a cause attributable to "A", making it impossible to carry out construction works;

3. Where the commencement of construction has been delayed or suspended due to a cause attributable to A;

4.Where the Corporation is delayed due to reasons not attributable to B’s liability, Article 31 [Cancellation of Contract, etc. of “A”] (1) “A” shall be:

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