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(영문) 서울중앙지방법원 2018.08.22 2017가합540733
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 110,028,193 to the Plaintiff (Counterclaim Defendant) and its related amount from October 28, 2016 to August 22, 2018.

Reasons

1. Basic facts

A. On May 26, 2014, the Defendant, a contractor for the construction of a new building (tentative name D; hereinafter “instant building”) with respect to the instant construction of reinforced concrete (hereinafter “instant construction”) among the Plaintiff on June 2, 2014 through May 2, 2015, entered into a subcontract (hereinafter “instant subcontract”) with respect to the construction of reinforced concrete (hereinafter “instant construction”) between the Plaintiff and Seoul, Gangnam-gu and two parcels, with the construction period fixed from June 2, 2014 to May 2, 2015, the contract amount of KRW 1,753,400,000, and the daily contract amount of KRW 1/1,000 of the daily compensation for delay (hereinafter “instant subcontract”).

Fire outline: The point of origin origin where the electric distribution line installed in the vicinity of the 3th basements above the ground is combined, and the extinguishment of a large quantity of Stivized fire, such as stipool, burneded immediately, was delayed due to the relationship loaded on the 3rd underground floor: the fire around the 3th basements above the ground is presumed to have been expanded to Stipos, etc. first emitted from the electric distribution line at the bottom of the workshop, and the fire is presumed to have functioned as the stipos spread factor installed in the ceiling book. The fire is presumed to have been caused by the electrical factor (unsti) : the fire is excluded from fire, machinery, gas, and secondaryism, and the fire is presumed to have been scattered by electric wires, and the fire is presumed to have been enlarged to have been enlarged to have been enlarged to the surrounding ground plan.

B. On October 18, 2014, around 17:57, when the Plaintiff performed the instant construction project, a fire (hereinafter “instant fire”) occurred at the construction site, and 60 square meters out of 620 square meters of the 3rd floor underground floor of the instant building, which was under construction, was destroyed by a fire.

The results of the on-site investigation of the fire site in Gangnam Fire Station are as follows.

The subcontract shall be modified after the original completion period, but the initial date of calculation of liquidated damages shall be the time the construction work is completed with respect to the delayed liability.

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