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(영문) 광주지방법원 순천지원 2018.01.25 2016가합11456
공사비 및 부당이득반환 등 청구의 소
Text

1. The Defendant’s KRW 625,400,000 as well as 5% per annum from October 13, 2015 to January 25, 2018 to the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: The non-contentious facts, Gap evidence 1, 4 through 10, 21 (including provisional numbers, hereinafter the same shall apply);

(ii) the statement Nos. (1) and (3) of Eul, the inquiry results of the fact-finding inquiry about the general architect office of this Court, the purport of the whole pleadings)

A. A. Around May 2013, the Defendant entered into a contract (hereinafter “instant contract”) with the Plaintiff for the construction of the buildings listed in the attached Table (hereinafter “instant construction”) on the instant land owned by D religious organization E (hereinafter “I land”), F, G, and H (hereinafter “instant land”). The main contents of the contract are the name of the construction: Defendant / contractor: The date of commencement of the construction period for 12 months from the date of commencement (in June 2013, completion: May 2014), and the timing and method of payment for completed portion: Sale price.

The rate of liquidated damages for delay: 0.1% [General Conditions] Article 1 (General Provisions) (hereinafter referred to as "A") and the contractor (hereinafter referred to as "B") shall cooperate with each other on an equal footing and faithfully perform the contract in good faith.

Article 23 (Compensation for Delay) (1) When the construction work has not been completed within the deadline for completion, the amount calculated by multiplying the contract amount by the delayed rate for the delayed damages for each number of days shall be paid to Gap.

Provided, That this shall not apply where a natural disaster, war, port closure, infectious disease, access limit for prevention of epidemics, or any other cause not attributable to the B is delayed.

Article 26 (Cancellation, etc. of Contract A) (1) A may cancel or terminate all or part of the contract in any of the following cases:

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

2. Where it is evident that there is no possibility to complete the construction work within the completion date due to the reasons attributable to B.

3. Other cases where the purpose of the contract may not be achieved due to the violation of the contract terms.

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