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(영문) 부산지방법원서부지원 2019.06.12 2017가단110401
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 39,820,000 to the Plaintiff (Counterclaim Defendant) and the amount from August 17, 2016 to June 12, 2019.

Reasons

1. Facts of recognition;

A. On November 25, 2015, the Plaintiff entered into a contract with the Defendant for the manufacture and installation of parking facilities (hereinafter “instant contract”) with the following content.

Article 1 (Contents of Contracts)

1. Name of the Corporation: C Parking facility manufacture and sale (hereinafter referred to as “instant installation works”);

2. The place of construction: D, and four parcels outside Busan Northern-gu.

3. Payment period: May 30, 2016 (Date of usage inspection under the Parking Lot Act).

4. Contract amount: 199,100,000 won (including value-added tax); and

6. Conditions for payment: The construction works related to construction and electrical construction, etc. necessary to install parking facilities by March 30, 2016 for installation of parking facilities shall be completed by March 30, 2016, when the certificate of completion of use inspection is issued.

(4) Where construction related to building A is required during the installation of parking facilities, “A” shall perform necessary construction-related construction works as soon as “B” completes the relevant work, and shall not hinder the installation of “B”.

Article 7 (Adjustment of Payment Date) (1) In any of the following cases, the payment date of this contract shall be automatically postponed within the scope where the cause exists, and where it is necessary to adjust the payment date due to other reasons, the “A” and “B” shall be determined through consultation:

3. Where the implementation of the cooperation obligation of “A” as set out in Article 3 is delayed, ② “B” shall be exempted from liability for damages and interests arising from the delay of installation arising from the causes set forth in paragraph (1).

Article 12 (Compensation for Delay) (1) In cases where the performance of the contract has not been completed by the due date for the cause attributable to "B", as to the number of delayed days under Article 1, the "A" may be claimed for the amount equivalent to 0.1% of the total contract amount (hereinafter referred to as "compensation for delay").

Provided, That compensation for delay that can be claimed by "A" shall not exceed 5% of the total contract amount.

(2) The case where “B” is exempted under Article 7, and other “A”.

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