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(영문) 서울중앙지방법원 2015.05.28 2014가합503672
손해배상(기)
Text

1. Defendant B Co., Ltd.: (a) KRW 249,718,00 and 5% per annum from February 15, 2014 to May 28, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into the instant contract and the design modification 1) on November 1, 2012, and the Defendant B Co., Ltd. (hereinafter “Defendant Company”).

) Seoul Gwangjin-gu Seoul Special Metropolitan City E Urban Residential Housing (hereinafter referred to as “instant building”).

) New construction works (hereinafter “instant construction works”)

B) The construction cost of KRW 3,091,00,000 (including value-added tax) and the construction period from November 5, 2012 to October 5, 2013, each of which was set at KRW 1/100 of the construction cost rate for delay (hereinafter “instant contract”).

(2) The unit price of the increased or decreased construction work shall be determined based on the unit price on the construction price statement as prescribed in Article 5, as set forth in the following subparagraphs: (2) The unit price on a new item of work not included in the construction price statement shall be determined at the time of the modification of the design; 3. The general management expenses and profits for the increased or decreased construction work shall be determined at the time of the conclusion of the contract. Article 20 (Performance of Delay) (2) If the Defendant Company fails to complete the construction work within the deadline for completion, it shall be calculated by multiplying the contract price rate for delay by the number of days per delay (hereinafter referred to as “compensation for delay”)

1) The Plaintiff shall be paid to the Plaintiff, except for natural disasters, wars, closure of ports, infectious diseases, restrictions on access for prevention of epidemics, and other reasons not attributable to the Defendant Company. Article 22 (Cancellation of Contracts by the Plaintiff, etc.) (1) In the event that the Plaintiff falls under any of the following subparagraphs, all or part of the contract shall be paid:

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