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(영문) 의정부지방법원 2013.02.20 2011가합12870
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 76,908,603 to the Defendant (Counterclaim Plaintiff) and its related amount from November 28, 2012 to January 23, 2013.

Reasons

1. Facts of recognition;

A. On September 10, 2009, the Plaintiff and the Defendant concluded a contract for construction works of the following main points (hereinafter referred to as “instant contract,” and the construction works according to the said contract, where the Defendant, on the ground outside 342-7 and five parcels of land in Hoyang-dong, Hoyang-dong, Hoyang-dong, the Korea Foundation for the Maintenance of Buddhist Cuncheon-do Foundation, the culture, and the education transfer hall (which consist of the front line building and the child-care center building; hereinafter collectively referred to as “instant building”).

(A) Evidence No. 1, B, and 3). Standard contract for private construction works

1. Name of the Corporation: (re)Construction of the Welfare, Culture, and Education Transfer Halls which have been maintained and maintained by the Korean Buddhist Korean Buddhist Korean class;

2. Construction place: The construction place: 342-7 and five parcels in Namyang-dong, Gyeonggi-do;

3. Date of commencement: The expected date of completion on October 4, 2009: the contract amount on January 31, 201: 4,650,000,000 won (including value-added tax).

8. Conditions on the payment for completed portion: Cash payment within 7 days after a request is made once a month: Cash payment within 14 days after the completion.

9. Rate of liquidated damages: Article 31 [Cancellation, etc. of Contracts for Private Construction Works”] of the General Terms and Conditions for Contracts for Standard Contract for 1/1000 per day (1) The plaintiff may cancel or terminate all or part of the contract in the case falling under any of the following subparagraphs:

1. Where the defendant fails to commence construction works even after the lapse of the agreed commencement date without any justifiable ground;

2. Where it is evident that the construction work is not likely to be completed within the completion date due to a reason attributable to the defendant.

3. Where the penalty for delay has reached the amount equivalent to the contract deposit under Article 27 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.

4. Where it is deemed that the purpose of the contract cannot be achieved due to the violation of the contract terms of the defendant.

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