logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.12.20 2017가합55423
하자보수금 등 청구
Text

1. Defendant B’s KRW 57,277,820 as well as the Plaintiff’s annual rate from July 18, 2017 to December 20, 2018, and the following.

Reasons

1. Basic facts

A. (1) On January 18, 2016, the Plaintiff awarded a contract for construction work to Defendant B Co., Ltd. (hereinafter “Defendant B”) for the construction work of the construction work of the Dai-gun Housing Complex E-dong (hereinafter “instant apartment house”) (hereinafter “instant construction work”).

(hereinafter “instant original construction contract”). The main contents of the instant original construction contract are as follows, and the Plaintiff and Defendant B did not dispute the “1/1000 of the liquidated damages rate for delay” as to the “1/1000 of the Plaintiff’s assertion”.

The decision was set as follows.

1. The name of the project: The contracted project in this case;

2. The construction site: F, G, all-Nam-gun, Jeonnam-do.

3. Date of commencement: The date scheduled for completion on January 19, 2016: The contract amount on December 31, 2016: 1,538,730,500 won (including value-added tax). 0. Articles 27 (1) and 27 (2) (1) of the Act on Liability for the Warranty of Defects for each type of work (referring to general conditions) shall be paid to the Plaintiff A by multiplying the contract amount by the delayed rate for liquidated damages in the contract (hereinafter referred to as “compensation for delay”) for each number of days when the construction is not completed within the deadline for completion.

Provided, That where the inspection of completion is delayed due to a cause attributable to "A" and the construction is delayed due to any of the following causes, the compensation 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 proceed with 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 any cause not attributable to B’s liability, Article 36 (Liability for Damages)(1).

arrow