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Reasons
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(영문) 대구지방법원김천지원 2015.12.09 2015가단1792
공사대금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 10, 2014, the Plaintiff entered into the following contract with the Defendant:

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

1. Construction name: B;

2. Location of a building site: Gu/Simsi C.

3. Construction period: Commencement on July 10, 2014, completion on November 15, 2014: KRW 340,000 (including value-added tax).

5. Advance: 20 million won; and

6. A completed amount: The same shall apply to a special agreement.

7. Warranty liability period: two years; and

8. The ratio of warranty bond: 3%;

9. The rate of liquidated damages: 1% Article 23 (Compensation for Delay) (1) When the plaintiff fails to complete the works within the deadline for completion, he shall pay to the defendant the amount calculated by multiplying the contract amount by the delayed rate for liquidated damages for each number of days.

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, infectious diseases, restrictions on access for prevention of epidemics, or other reasons not attributable to the plaintiff.

Article 26 (Cancellation, etc. of Contracts by Defendant) (1) In cases falling under any of the following subparagraphs, the Defendant may cancel or terminate all or part of the contract:

1. Where the Plaintiff fails to commence construction works even after the period for commencement agreed upon has elapsed without justifiable grounds;

2. Where it is evident that the plaintiff has no possibility to complete the construction before the completion date due to the causes attributable to him.

3. Where it is deemed impossible to achieve the purpose of the contract due to the violation of the terms and conditions of the contract by the plaintiff.

Article 27 (Cancellation, etc. of Contracts by Plaintiff) (1) In cases falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the contract:

1. Where the contract price has decreased by not less than 40/100 of the contract price by modifying the contents of construction works;

2. When the period of suspension of construction exceeds 90 days or exceeds 50/100 of the period of construction under the contract, due to any reason attributable to the defendant;

3. The defendant.

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