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(영문) 서울고등법원 2016.09.22 2015나2065866
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The conclusion of each contract for a construction project 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(2) On March 27, 2012, the Plaintiff entered into a contract with each of the Defendant Company (hereinafter “instant school construction”) under which the Plaintiff entered into a subcontract agreement with each of the Defendant Company, setting the construction period of reinforced concrete construction works from March 26, 2012 to September 30, 2012 (including value-added tax) among the new construction works of the C secondary school that the Plaintiff contracted with Suwon Desiring School Love Co., Ltd. (hereinafter “instant school construction”).

(2) On April 19, 2012, the Defendant Company concluded a contract with each of the Defendant Company on the period of construction of reinforced concrete construction among D works contracted by the Plaintiff from an advanced steel farm, Inc. (hereinafter “Empics”), with the Plaintiff as the construction period from April 20, 2012 to November 20, 2012 (including value-added tax) and entered into a subcontract with each of the Defendant Company.

(hereinafter “Military Register Corporation,” and “each of the instant Construction Works,” together with the school construction of the instant case, shall be deemed as the “instant Military Register Corporation,” / [Written Contract]

6. Payment of the price;

(b) Method of payment (1) within 60 days from the date of receipt of an object (2) 1 month: B2B Electronic Resolution 100%: 0.1% of the contract amount per day after the date of delay 11. (1) When the Defendant Company fails to complete the construction by the deadline for completion stipulated in the contract, the amount calculated by multiplying the contract amount by the rate of liquidated damages and the number of delayed days (hereinafter “compensation for delay”) shall be paid to the Plaintiff.

(3) Where construction works are deemed delayed due to any of the following causes, the number of days equivalent to the relevant number of days shall not be included in the number of delayed days:

1. Where the cause is due to typhoon, flood, or other bad weather, war or incident, earthquake, fire, riot, harbor wing up, quarantine, access limit, etc. for security;

6. Where delay is caused by any other cause not attributable to the liability of the defendant company, the plaintiff or the defendant company.

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