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(영문) 서울중앙지방법원 2014.07.23 2013가합42217
공사대금
Text

1. The Plaintiff:

A. Defendant C, D, and E are jointly and severally liable for KRW 7,330,789,170 and the aforementioned amount from March 3, 2010 to June 25, 2013.

Reasons

1. Basic facts

A. As to the facts that the Plaintiff and Sungsan Comprehensive Construction Co., Ltd. were not the actual parties to the instant contract, there is no dispute between the parties, and for convenience, the parties in the position of the contractor are indicated only by the Plaintiff. On January 2007, the construction work for the construction of the I building (hereinafter “instant construction work”) from the Defendants, the Defendants, the Nonparty F, and the G to the Z in the esisisisisisisisisisisisisisisisisisisisisisi (hereinafter “instant building”) was awarded a contract for the construction work amount of KRW 25,789,012,50 (including value-added tax) and the construction period from February 10, 207 to May 10, 2008; and the compensation rate for delay was set at 1/00 of the construction cost per day.

(hereinafter “instant contract”). The contract of this case and other important contents are as follows:

Standard contract for construction work.

6. Terms and conditions of payment of completed portion (term). (1) The payment of completed portion once to the project owner shall be the surveillance point of the construction completion of the 5th underground structure.

(2) A project owner shall pay a contractor the amount equivalent to 60 percent of the progress payment to the contractor when the contractor has invested funds, pre-construction, and the structural construction of the fifth underground floor is completed until the completion of the aggregate construction works.

(3) A project owner shall pay 60 percent of the progress payment accrued each month to the contractor.

(4) A project owner shall pay the remainder of the total construction cost to the contractor within one month after the completion of the project.

(5) Cash payments shall be made on the 10th day of the following month after the application for the beginning of each month.

Article 27 [Compensation for Delay] (1) When the contractor fails to complete the work within the deadline for completion, the contractor shall pay to the owner the amount calculated by multiplying the contract amount by the rate of the liquidated damages in the contract by the number of days delayed.

Provided, That where a completion inspection has been delayed due to a cause attributable to the owner and where the construction has been delayed due to any cause falling under any of the following subparagraphs, the compensation for delay shall not be paid for the relevant number of days:

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