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(영문) 부산지방법원 2015.03.12 2014가합41561
공사대금
Text

1. The Defendant: KRW 73,051,955 for the Plaintiff and KRW 6% per annum from July 2, 2013 to March 12, 2015 for the Plaintiff.

Reasons

Basic Facts

A. On March 15, 2013, the Plaintiff entered into a contract with the Defendant for the construction of a new living facility B and C on the ground (hereinafter “instant construction”). The main contents are as follows.

1. Construction name: New D Construction;

2. Place of construction: Busan Suwon-gu.

B. C.

3. Date of commencement on March 20, 2013: The date of commencement and completion of construction works on June 10, 2013: 539,000,000 won (value of supply: value of 490,000,000 value-added tax of 49,000,000): 11. The rate of liquidated damages: Article 10 (General Conditions for Standard Contract for Private Construction Works; 1/100 per day of commencement and completion of construction works shall be the date specified in the contract.

(2) Where it is impossible to start the commencement date of construction without any cause attributable to the plaintiff, the date of commencement shall be the date of commencement, and the plaintiff may request an extension of the construction period.

(3) The date of completion means the date the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 27.

Article 19 (Loss Caused by Force Majeure) (1) The plaintiff shall immediately notify the defendant of the completed portion or supplied materials and leased goods of the completion of the inspection when the damage was caused by typhoon, flood, bad weather, war, earthquake, earthquake, infectious disease, riot, or other force majeure.

Article 20 (Change or Suspension of Construction Works) (1) When the defendant alters or supplements the details of construction works or temporarily suspends the construction works for all or part of the construction works due to a design change, etc., he/she shall deliver in advance

(2) When the defendant fails to deliver documents related to the modification or addition of the details of construction works under the preceding paragraph, the plaintiff may notify the defendant of the matters concerning the modification or addition of the contracted construction works in writing.

(3) The construction cost shall be increased and paid for the additional construction cost that the plaintiff performed at the direction of the defendant.

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