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(영문) 인천지방법원 2015.05.12 2014가합10461
손해배상(기)
Text

1. The Plaintiff:

A. Defendant Stex Construction Co., Ltd. and KBTex Co., Ltd. are jointly and severally liable for KRW 132,400,000.

Reasons

1. Basic facts

A. On October 23, 2013, the Plaintiff entered into a construction contract and an air extension contract (hereinafter “Defendant Green Construction”) with Defendant Green Construction Co., Ltd. (hereinafter “Defendant Green Construction”).

The construction of factories on the ground of 1,787.2 square meters on land in Seo-gu Incheon Metropolitan City (hereinafter “instant construction”) between the two.

) A contract for construction works (hereinafter referred to as “instant contract”).

B was concluded with the following content:

Standard contract for private construction works

1. Construction name: New D Construction;

2. Construction place: E;

3. Date of commencement: The date scheduled for completion on October 23, 2013: The contract amount on March 7, 2014: KRW 770 million (excluding VAT).

6. Advance payment: 380 million won in the calculation of down payment (38 billion won) on the basis of 40% (amounting to 38 billion won) of the total construction cost (amounting to 40% of the total construction cost). The above “40% of the contract amount” appears to mean 40% of the total construction cost.

7. End Payment: 40% of the down payment, intermediate payment 40% of the remainder 10% of the remainder 10% of the warranty against defects: The warranty against delay on February 25, 2014 submitted by the Plaintiff: (a) the warranty against delay was submitted on February 25, 2014; (b) the Plaintiff determined on March 7, 2014 on April 30, 2014 as the date of commencement of the construction period; and (c) the contract for air extension with the content of the deposit for performing the contract as follows (hereinafter “instant contract for air extension”).

The contract for construction work (the extension of the period) was concluded.

7. Deposit for performing a contract: To be substituted by securities (10% of the contract deposit);

8. The contractor shall not claim against the contractor any additional expenses incurred in the adjustment of the contract amount, delayed compensation, and warranty 1) due to the extension of the contract period. 2) The rate of liquidated damages for delay shall be 1/1,000 of the work and shall be 1/1,000 of the existing contract, and shall be 27 of the existing contract.

3) The warranty of defects shall be 10% of the total contract amount and 3 years. (b) Defendant Slar Construction is responsible for and completed on February 17, 2014 with respect to the foregoing construction that the Plaintiff raised.

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