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(영문) 수원지방법원 안양지원 2018.11.23 2017가합101725
손해배상(기)
Text

1. The Defendant’s KRW 53,400,000 as well as 5% per annum from April 29, 2017 to November 23, 2018, respectively, to the Plaintiff.

Reasons

Basic Facts

Article 10 (Period of Work) (3) The date of completion refers to the date on which Party B (the referring to Party B) completes the construction work and Party A (the referring to the Plaintiff’s referring to the Plaintiff) requests the completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 27.

Article 42 (Matters of Special Agreement) (1) In cases where “A” is unable to relocate a factory until November 15, 2016, due to the lessor’s failure to leave the factory and office at the present domicile of “A” and “B” recognizes the fact that A is obligated to compensate for all damages incurred to a lessor due to the lessor’s failure to leave the factory and office on rent or any other leased building. Thus, in cases where “B” becomes unable to complete the relocation of the factory before November 15, 2016 due to the delay in construction of “B”, in addition to liquidated damages under Article 30, “B” is obligated to pay to the lessor for all damages incurred to the lessor due to the lessor’s failure to withdraw from the rent and other leased building and all other expenses (such as attorney’s fees, and related expenses) paid by “A” in relation thereto.

On April 19, 2016, with respect to the construction of a new factory (hereinafter referred to as “instant factory”) on the land outside 48-3 and 3 lots of land (hereinafter referred to as “instant construction”), the Plaintiff entered into a construction contract with the Defendant and the Militaryposi-si on the construction cost of KRW 2.59 billion (excluding value-added tax), the construction period from May 1, 2016 to October 31, 2016, with respect to the construction work (hereinafter referred to as “instant construction”) at the rate of 1/1,000 (daily) of the contract amount for delay compensation, and the main contents and special terms and conditions are as follows:

(hereinafter “instant contract”). On October 28, 2016, the Plaintiff and the Defendant confirmed that the date of completion of the instant contract is November 30, 2016, and that the date of completion of the instant contract is changed to December 31, 2016, respectively, on November 30, 2016, the date of completion of the instant contract is changed to December 31, 2016, and that the instant modified contract maintains the initial contract, except in the circumstances of the contract.

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