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(영문) 창원지방법원 2020.11.12 2020가합51993
구상금 등
Text

1. The Defendant’s KRW 186,512,428 as well as the Plaintiff’s annual rate from February 8, 2020 to November 12, 2020, and the following.

Reasons

1. Determination on the claim for liquidated damages

A. Facts of recognition 1) The Plaintiff is C Co., Ltd. (hereinafter “project owner”).

) A contracting construction work for the manufacture and installation of D food pre-treatment facilities, and on June 5, 2018, installation work for food pre-treatment facilities during the aforementioned construction work (hereinafter “instant construction work”).

(2) At the time of the subcontract, the original Defendant agreed to pay to the Plaintiff the amount calculated by multiplying the contract amount by the rate of liquidated damages (0.3%) for each number of days of delay when the Defendant did not complete the construction work within the deadline. (3) The original Defendant agreed to pay to the Plaintiff the amount calculated by multiplying the contract amount by the rate of liquidated damages (0.3%) for each number of days of delay.

3) On December 15, 2018, the Defendant suspended the instant construction and transferred the instant construction site to the Plaintiff, while the said construction was not completed even after the completion deadline. 4) After the Plaintiff’s progress of the remaining parts of the instant construction and completed the construction around May 2019.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. 1) Determination 1) The fact that the Defendant failed to complete the instant construction within August 15, 2018, which is the period of completion of the agreement, notwithstanding the agreement for liquidated damages (i.e., delay of completion) is equal as seen earlier. As such, the Defendant is obligated to pay the Plaintiff liquidated damages for delay, given that the scope of liquidated damages for delay is not completed by the contractor within the period of completion of the agreement, and the construction is discontinued and the completion of the agreement is delayed as a result of the termination of the agreement, the liquidated damages arise from the date following the date of completion of the agreement; however, the completion period is from the date when the contractor could have been cancelled or terminated due to the suspension of construction by the contractor or other reasons for cancellation; and in fact, it is until the contractor completed the same building by requesting another contractor.

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