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(영문) 수원지방법원안양지원 2016.03.24 2014가합4724
지체보상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 2013, the Plaintiff entered into a subcontract agreement between the Plaintiff and the Defendant, and the progress thereof 1) on the part of April 1, 2013, the Plaintiff is deemed to be the construction works for the reconstruction of the Daegu-gu Daegu-dong Housing Reconstruction Project (hereinafter “instant reconstruction works”).

(2) The term “the interior works” as the term “the interior works” in this case.

629,421,035 won (including value-added tax; hereinafter the same shall apply) of the contract amount;

(2) As to the construction period from April 1, 2013 to September 30, 2013, a delayed compensation rate of 0.5% (3,147,105 won per day) shall be determined and fixed (hereinafter referred to as the “instant subcontract”).

(2) When the prior process of performing the interior works of this case, such as cooking, was delayed, the Plaintiff agreed with the Defendant to change the term of performing the interior works of this case to December 10, 2013, while performing the instant construction works, and at the time, determined that “the term of performing the construction works may be extended when it is impossible to do so because the prior work became known by the said deadline.”

3) The Defendant engaged in the instant interior works by May 16, 2014. B. Meanwhile, on June 26, 2013, the Plaintiff agreed to conclude a subcontract agreement between the Plaintiff and the Hadice Co., Ltd. for household construction and the progress thereof (hereinafter “Hadice”) on the said subcontract agreement between the Plaintiff and the Hadice Co., Ltd. (hereinafter “Hadice”), with the contract price of KRW 81 billion in the instant rebuilding works, and the construction period from June 26, 2013 to October 30, 2013, the Plaintiff agreed to change the construction period into December 30, 2013.

2) Nos. 1, 3, 5, 8, and 9 (each entry and the purport of the entire pleadings, including each number,) shall be completed by March 10, 2014, and thereafter carried out the instant household work. [The grounds for recognition] Nos. 1, 3, 5, 8, and 9 (each entry and the purport of the entire pleadings) of the instant household work.

2. The parties' assertion

A. The plaintiff's assertion is agreed upon by the defendant.

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