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(영문) 서울중앙지방법원 2013.09.05 2012가합107568
양수금
Text

1. The Defendant: (a) KRW 1,278,750,186 to the Plaintiff; and (b) 5% per annum from November 29, 201 to September 5, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On June 7, 2011, the Defendant awarded a contract to C Co., Ltd. (hereinafter referred to as “C”) for the construction of the instant building D and E ground F buildings (hereinafter referred to as “instant building”) on a contract price of KRW 2,745,60,000 (excluding value-added tax).

(hereinafter “instant construction contract”). The main contents of the instant construction contract are as follows.

Contract Agreement Documents

3. Date of commencement: The date scheduled for completion on June 30, 201: January 11, 2012: The rate of liquidated damages for delay: Article 9 (Period of Construction Works) of the General Conditions for the Standard Contract for Private Construction Works: 1/1,000. (1) The date of commencement and completion of construction shall be the date specified in the contract.

(3) The completion date means the date C completes construction works and C makes a written request for a completion inspection to the defendant.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 25 (Payment of Price) (1) C may adjust the construction site, such as the removal, removal, etc. of surplus materials, wastes, temporary facilities, etc. immediately after passing the completion inspection by the defendant, and claim the payment of the construction price to the defendant.

(2) The defendant shall pay C the price for construction simultaneously with the delivery of the object of the contract, unless otherwise stipulated.

Article 27 (Compensation for Delay) (1) When a construction work has not been completed within the deadline for completion, C shall pay to the defendant the amount calculated by multiplying the contract amount by the rate of compensation for delay under the contract (hereinafter referred to as "compensation for delay") for each number of days immediately.

Provided, That where a completion inspection has been delayed due to a cause attributable to the defendant and where construction has been delayed due to any of the following causes, the penalty for delay equivalent to the number of relevant days need not be paid:

1. Cases due to force majeure events prescribed in Article 18;

2. Where it becomes impossible to proceed with construction works because the supply of important materials that C is unable to use as a substitute has been delayed due to any cause attributable to the defendant;

3. Commencement of the work shall be attributable to the defendant.

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