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(영문) 대전지방법원홍성지원 2016.05.24 2015가단5965
지체상금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 11,08,00 to the Plaintiff (Counterclaim Defendant) for KRW 14,00 from April 9, 2015 to May 24, 2016.

Reasons

1. Facts of recognition;

A. On June 17, 2014, the Plaintiff: (a) concluded a contract with the Defendant for the construction cost of KRW 264,00,000 (including value-added tax); (b) June 20, 2014; (c) August 30, 2014; and (d) the period of completion of the instant construction works; and (c) changed the completion date to September 30, 2014, upon agreement with the Defendant, the date of commencement of the instant construction works to the Defendant on June 30, 2014; and (d) changed the completion date of the construction to September 30, 2014.

(hereinafter “instant contract”). (b)

The details of the standard contract for private construction works included in the contract of this case concerning liquidated damages shall be as follows.

Article 30 (1) (1) The term "B" shall, when the contractor fails to complete the works within the deadline for completion, pay to "A" the amount calculated by multiplying the contract amount by the rate of the liquidated damages in the contract (hereinafter referred to as " liquidated damages for delay") for each number of days immediately.

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

1. Cases due to force majeure events prescribed in Article 19;

2. Where the progress of construction works becomes impossible because the supply of important materials that can not be used as a substitute for B has been delayed due to a cause attributable to B;

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

4. Where the work is delayed due to any other cause not attributable to B’s liability, Article 19 (Loss by Force Majeure) (1) “B” shall, with respect to the completed portion or supplied materials and leased goods which have completed the inspection where any damage has occurred due to force majeure, such as a typhoon, flood, bad weather, war, earthquake, earthquake, infectious disease, riot, etc., immediately notify “A” of such fact.

C. The Plaintiff paid the construction price to the Defendant under the instant contract.

The plaintiff.

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