beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 4, 2014, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant with respect to the instant construction work located in Daegu Northern-gu B (hereinafter “instant construction work”). The details of the main part related to the instant contract are as follows.
Standard contract for private construction works
1. Construction name: New Construction Corporation;
2. Construction site: Northern-gu, Daegu-gu.
3. Date of commencement: The date scheduled for completion on October 30, 2014: December 31, 2015: The contract amount on December 31, 2015: KRW 5,600,000,000 (excluding VT) (Article 5,600,000,000).
6. Method of payment for completed portion: it shall be the name of the bank at the beginning of the construction work.
(A) 5 times)
7. Warranty liability: Omitted;
8. The rate of liquidated damages for delay: Article 27 (Compensation for Delay) of the General Conditions of the Contract for Private Construction Works (1) When the defendant fails to complete the construction work within the deadline for completion, he shall pay to the plaintiff the amount calculated by multiplying the contract amount by the rate of liquidated damages for delay in the contract (hereinafter “compensation for delay”) for each number of days of delay
Provided, That where the inspection of completion has been delayed due to a cause attributable to the plaintiff and where the construction has been delayed due to any cause falling under any of the following subparagraphs, the compensation for delay equivalent to the relevant days need not
1. Cases due to force majeure events prescribed in Article 18;
2. Where it becomes impossible to carry out construction works because the supply of important materials that the defendant could not use as a substitute has been delayed due to any cause attributable to the plaintiff.
3. Where the commencement of construction has been delayed or suspended due to causes attributable to the plaintiff;
4. Where Corporation is delayed due to any other cause not attributable to the defendant.
(3) The penalty for delay calculated under paragraphs (1) and (2) may be offset against the construction price paid to the defendant.
. Construction contracts;