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(영문) 서울동부지방법원 2018.05.25 2017가합108880
공사대금
Text

The defendant's KRW 1,430,00,000 for the plaintiff and its 12% per annum from October 22, 2016 to August 8, 2017, and the following.

Reasons

1. Basic facts

A. The Defendant is an executor of the new construction and extension work (hereinafter “new construction and extension work of this case”) of “B” which is a multi-family housing on the land outside Gangnam-gu Seoul and five parcels (hereinafter “instant loan 1 complex”), and the Plaintiff is the starting work of the new construction and extension work of this case.

B. On April 2, 2008, the Plaintiff was awarded a contract with the Defendant for construction cost of KRW 20,164,59,000 (al. 21,412,840,000 on July 27, 2009) and completed July 2, 2010.

(hereinafter “this case’s new construction contract”). The main contents relevant to this case are as follows:

Article 18 (Compensation for Delayed Damages) (1) In case where the plaintiff fails to complete the construction within the construction period, the defendant shall deduct the compensation for delay equivalent to 1/1,000 of the contract amount for each day of delay from the balance to be paid to the plaintiff, and the compensation for delay to the general seller shall be borne by the defendant.

Provided, That the compensation for delay of the plaintiff shall not exceed 10/100 of the contract amount.

(2) In the case of the preceding paragraph, the reasons for the delay shall be excluded from natural disasters, other equivalent cases, or from the defendant's liability (including a lawsuit unrelated to the commencement of construction works and delay of construction works due to external elements of construction works). In this case, the defendant shall bear the penalty for delay

C. On September 30, 2013, the Plaintiff was awarded a contract for the instant extension project with the Defendant for the construction cost of KRW 1,300,000,000 (excluding value-added tax). The main contents relating to the instant case are as follows.

(hereinafter referred to as “the instant extension contract”). Article 2 (Opening of Business : B (Additional) construction period: Gangnam-gu Seoul Metropolitan Government A (3) construction period: (8 months from October 1 to May 31, 2014) Article 3 (excluding the period during which construction cannot be continued for reasons other than the Plaintiff’s fault) contract amount is KRW 1,300,000 (VT separate).

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