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(영문) 창원지방법원 2018.06.28 2015가합32516
손해배상(기)
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 March 20, 2014, Kimhae-si approved the C Industrial Complex Plan of the method of private development (other than the Plaintiff, four project implementers, etc.) to be implemented in the size of 250,950 square meters in the area of 250,950 square meters in Kimhae-si’s notification D, Kimhae-si on March 20, 2014. On September 25, 2014, the change was approved and publicly notified as the F for the announcement

(Change of the project operator to the plaintiff and six other companies). (b)

1) On July 15, 2014, the Plaintiff entered into a contract for land construction works with the Defendant for C Industrial Complex (hereinafter referred to as “instant industrial complex”).

) Development projects (hereinafter referred to as “instant projects”);

(ii) the creation of land for the purpose of construction (a project to create land with a shot sense by cutting and sustaining a photographic mountainous district).

The construction of this case, including earth and sand, structure airspace, drain hole, water supply hole, packing hole, ancillary hole, etc. (hereinafter referred to as the “instant construction”).

) enter into a contract under which the contract is made (hereinafter “instant contract”).

(7) The construction period was determined from July 15, 2014 to July 14, 2016, and the construction cost was KRW 18,255,200,00 (including value-added tax). The relevant contents of the instant contract are as follows: Advance payment is paid in advance (payment made in August 201).

8. A completed portion: It shall be paid in a unit of one month.

(Provided, That “B” shall pay “A” the amount calculated by multiplying the contract price by the penalty rate for delay on December 201, 204 (hereinafter “compensation for delay”) 1/1,00 [general terms, “A”, “B”, “B” respectively] / [1] Article 27 of the Act / [in the event construction has not been completed within the deadline for completion, “B” shall pay to “B” the amount calculated by multiplying the contract price by the rate for delay under the contract (hereinafter “compensation for delay”) for each number of days.

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

1. Cases due to force majeure events prescribed in Article 18;

2. "B" shall be used as a substitute for others.

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