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(영문) 창원지방법원 마산지원 2018.10.31 2016가합509
지체상금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 389,481,342 to the Defendant (Counterclaim Plaintiff) and its related amount from June 25, 2016 to October 31, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

In fact, on March 12, 2015, the Plaintiff entered into the instant construction contract with the Defendant, a construction business operator, and entered into a standard contract for private construction works (hereinafter referred to as “the instant construction contract”) with respect to the construction work newly constructed “Accom Association (hereinafter referred to as “Accom Association”) in Simpo-si, Chungcheongnam-si, Changwon-si (hereinafter referred to as “the instant building”) as of KRW 1,914,00,000 (including value-added tax), March 16, 2015 as of the date of commencement, and November 30, 2015 as of November 30, 2015. The details relating to the instant contract are as follows.

Standard contract for private construction works

1. Construction name: New construction works of a bridge;

2. The place of construction: Simsan-si, Changwon-si, Changwon-si C

3. Date of commencement: March 16, 2015.

4. Date scheduled for completion of construction: November 30, 2015;

5. Contract amount: 1.74 billion won (excluding value-added tax) 11. The rate of liquidated damages for delay was stated as 1/100 (unconstruction portion) as 1/100 (unconstruction portion), and it is a premise that “unconstruction portion” other than the contract amount is multiplied by the rate of liquidated damages for delay.

Article 2 (Definitions) The definitions of terms used in these terms shall be as follows:

8. The term "statement of calculation" means a detailed statement submitted by a contractor to a contractor after stating unit price in a bill of quantity of materials;

Article 3 (Contract Documents) (1) Contract documents shall be composed of contract documents for private construction works, general conditions of contract for private construction works, special conditions of contract for construction works, design documents and calculation sheets, and shall have the effect of mutual supplementation.

Article 30 (Compensation for Delay) (1) When the defendant fails to complete construction within the construction period, he shall pay to the plaintiff the amount calculated by multiplying the contract price by the rate of the liquidated damages in 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 plaintiff and where the construction has been delayed due to any of the following causes, the penalty for delay corresponding to the number of relevant days shall be paid:

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