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(영문) 서울중앙지방법원 2015.11.20 2014가합550036
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 25,204,90 with full payment from November 21, 2015.

Reasons

1. Basic facts

A. On February 6, 2012, the Plaintiff: (a) the construction period of the Seoul Ground Native Facility Construction Project (hereinafter “instant construction project”) was from February 2, 201 to July 31, 201; and (b) the construction cost was KRW 946,00,000 (supply amount: KRW 860,000, value-added tax 86,000,000) and was awarded a contract (hereinafter “instant construction contract”).

B. The main contents of the instant construction contract are as follows.

Article 9 (Period of Construction Works) 1/1,000 per day for delay compensation for two years under the general conditions of the contract for private construction works. (1) The date of commencement and completion of construction works shall be the date specified in the contract.

(2) Where it is impossible to start the commencement date of construction without any cause attributable to the plaintiff, the date of commencement shall be the date of commencement, and the plaintiff may request an extension of the construction period.

(3) The date of completion means the date the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 17 (Non-conforming Construction Works) (1) When there are parts inappropriate for the design documents among the construction works executed by the plaintiff, the defendant may request a correction thereof, and the plaintiff shall comply with such request without delay.

(2) In cases falling under paragraph (1), when construction works inappropriate for the design plan are requested or instructed by the defendant or due to reasons not attributable to the defendant, the plaintiff shall not be held liable.

Article 27 (Compensation for Delay) (1) When the plaintiff fails to complete construction within the deadline for completion, he/she shall pay to the defendant the amount calculated by multiplying the contract amount by the rate of the liquidated damages in the contract (hereinafter referred to as "compensation for delay") by the number of days

Provided, That where the inspection of completion has been delayed due to a cause attributable to the defendant and where the construction has been delayed due to any cause falling under any of the following subparagraphs, the compensation for delay corresponding to the number of days

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