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(영문) 대전지방법원서산지원 2016.10.26 2016가단4930
지체상금 등
Text

1. The Defendant’s KRW 24,125,00 for the Plaintiff and KRW 6% per annum from July 9, 2016 to October 26, 2016.

Reasons

1. Basic facts

A. On August 25, 2015, the Plaintiff concluded a construction service contract with the Defendant with respect to the extension of the second floor of B research institute ordered by B Co., Ltd. (hereinafter “B”), and civil engineering, construction, electricity, fire fighting, fire fighting, and fire fighting design, and authorization and permission of dangerous goods (hereinafter “instant construction”) related to the construction of dangerous goods storage:

Contract amount: KRW 375 million (excluding value-added tax), and the defendant may request the plaintiff to pay the amount of money after completion of each stage service, and the plaintiff shall pay it to the defendant for the following month after the end of each month from the date of the claim for payment after confirmation of the completion of the service.

(Special Conditions of Contract Article 4). Contract deposit: 10% of the contract deposit: 10% of the contract deposit: 10% of the contract deposit: Compensation for delay from August 24, 2015 to October 31, 2015: 0.3% of the daily amount for delay and the maximum amount of penalty for delay shall be 10/100 of the total amount of service payment.

(Special Conditions for Contracts). (b)

On August 15, 2015, the instant construction starts with the steel production on August 15, 2015, and completed the installation of a site entry on September 2, 2015. The Defendant delayed the process, starting with the steel production on October 5, 2015, including completing the installation of a site entry on October 27, 2015, and failed to complete the instant construction work until October 31, 2015.

C. Accordingly, the Plaintiff sent a certificate of content that contains the demand for the completion of construction works from December 24, 2015 to February 4, 2016, and the Defendant sent a certificate of content that the construction works could not be carried out due to the lack of any particular response.

On February 29, 2016, the Plaintiff notified the termination of the contract on the ground of the Defendant’s delay in construction works.

Meanwhile, the Plaintiff, as the construction price, KRW 37.5 million on September 7, 2015, KRW 75 million on or around October 23, 2015, KRW 5 million on or around November 21, 2015, KRW 20 million on or around December 4, 2015, KRW 888 million on or around December 24, 2015, and KRW 75 million on or around January 8, 2016, KRW 350,000 ( separate payment of value-added tax).

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