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(영문) 서울남부지방법원 2016.09.30 2015가합4574
손해배상
Text

1. The Defendant’s KRW 116,032,240 as well as 6% per annum from August 31, 2016 to September 30, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On December 12, 2014, the Defendant: (a) executed a development project for only 3 and 5 parcels of land in Ansan-gu, Ansan-gu, and Ansan-si (hereinafter “instant project”); (b) concluded a contract for construction of new urban residential housing and officetels with the Plaintiff on December 12, 2014 (hereinafter “instant contract”); and (c) the main contents thereof are as follows.

Standard contract for private construction works

1. Construction name: Construction of a new urban-type C-type residential housing and officetel in the Manan-gu Seoul Metropolitan Area;

2. Construction site: Land outside C, and five parcels in Ansan-gu, Ansan-si; and

3. Date of commencement: The scheduled date of completion on January 4, 2015: The contract amount on April 2016 (15 months from the date of commencement): 50 million won: the cancellation, etc. of the contract by the defendant under Article 34 of the General Conditions of the Standard Contract for Private Construction Works (1) in any of the following cases:

1. Where the Plaintiff fails to commence construction works even after the period for commencement agreed upon has elapsed without any justifiable ground;

2. Where it is evident that there is no possibility to complete the construction work within the completion date due to a cause attributable to the plaintiff.

3. Where the penalty for delay arrives at the amount equivalent to the contract deposit under Article 30 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.

4. Other cases where it is deemed impossible to achieve the purpose of the contract due to the violation of the terms and conditions of the contract by the Plaintiff.

(3) Upon receipt of the notice of cancellation or termination of a contract under paragraph (2), the Plaintiff shall perform the following matters:

1. The relevant construction work shall be suspended without delay and all construction facilities, equipment, etc. shall be removed from the construction site;

2...

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