(영문) 서울중앙지방법원 2015.09.18 2014가합595558

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(영문) 서울중앙지방법원 2015.09.18 2014가합595558

약정금

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1. The Defendant’s KRW 500,000,000 as well as the Plaintiff’s annual rate of 6% from January 9, 2015 to September 18, 2015.

Reasons

1. Basic facts

A. On November 26, 2010, the Plaintiff entered into the instant contract with the Defendant to enter into a contract with the term “New Construction Work for New Construction Work for New Work for New Work for New Work for New Work for New Work Group 1, 2,00 won (including value-added tax) at construction cost, and with the term from December 3, 2010 to September 22, 2012 (hereinafter “instant contract”). The main contents thereof are as follows.

[General Conditions of Contract for Construction] Article 3 (General Conditions of Contract for Construction Works) (2) In determining special conditions of a contract for construction works under paragraph (1), a contracting officer may specify only the matters deemed necessary due to the nature of the relevant contract within the extent that it does not unfairly restrict the contractual interests of the other party to the contract prescribed by the contract regulations and detailed regulations of the

Article 54 (Temporary Suspension of Construction Works) (1) Any on-site supervisor may suspend the implementation of all or part of the construction work in the following cases:

1. Where the implementation of construction works does not conform to the terms and conditions of the contract;

2. Where the suspension of construction works is required for the safety of the whole or part of the construction works;

3. In the case of emergency measures as referred to in Article 29.

4. Where the order of the ordering person is given due to the necessity of the ordering person.

When suspension is not made due to a reason attributable to the other party to the contract, this shall not apply.

(4) If the period of suspension of construction (in the case of a long-term continuing contract, it refers to the sum of respective periods of suspension within the relevant number of years; hereinafter the same shall apply) due to a cause attributable to the project owner exceeds 60 days, the project owner shall refer to the remaining contract amount as of the date on which the remaining period of suspension of construction exceeds 60 days, and in the case of a long-term continuing contract, the contract amount by number of years shall be equal

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