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(영문) 춘천지방법원 2018.12.11 2018나52119
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows the evidence submitted in this court, the fact-finding and judgment of the court of first instance are justified.

Accordingly, the reasoning of the judgment of this court is as follows, except for the part of adding the following “2. Additional Determination” to the assertion that the Plaintiff emphasizes or adds to this court, and therefore, it is identical to the ground of the judgment of the first instance. Therefore, it is acceptable to accept it as it is in accordance with the main sentence of

The Plaintiff’s assertion on the claim for liquidated damages for additional determination was approved by the third party market and delivered a letter of approval for use to the Defendant on March 27, 2015. As such, the date of completion of the instant construction project shall be deemed March 27, 2015 pursuant to the proviso to Article 28(1) of the General Conditions of the instant Construction Contract, and the penalty for delay shall be calculated based thereon.

(1) As Defendant employees moved into the instant building on April 2, 2015, the Defendant should be deemed to have taken over the instant building on April 2, 2015 pursuant to Article 26(2) of the instant Construction Contract.

(2) Paragraph (1) of the special condition of the construction contract added pursuant to the instant first amendment agreement (hereinafter “paragraph (1) of the special condition of the construction contract”) is null and void by unfairly restricting the Plaintiff’s contractual interests, and the instant liquidated damages calculated based thereon are unreasonable.

(3) Determination of the first argument is based on Article 26(1) and (6) of the General Conditions of the Construction Contract of this case, and the detailed criteria for calculating liquidated damages.

In addition, the main text of Article 28 (1) of the General Conditions provides that "when a plaintiff who is a party to a contract completes construction, he/she shall notify the defendant of the completion report in writing and undergo a necessary inspection", and the proviso clause provides that "the date on which the receipt date is stamped through the document delivery system of the defendant shall be the date of completion."

“......”

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