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(영문) 서울중앙지방법원 2015.08.20 2014가합22302
공사대금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) KRW 26,726,916 and its amount from September 10, 2013 to August 2015.

Reasons

Basic Facts

On August 7, 2012, the Plaintiff and Defendant A entered into a construction contract with the Plaintiff and Defendant A, a contract for construction work (hereinafter “instant new construction work”) of the building in Ulsan-gu D Building (hereinafter “instant building”) from Defendant A Co., Ltd. (hereinafter “Defendant A”) for the construction period from August 7, 2012 to February 28, 2013, the contract amount of KRW 2,380,000 (excluding value-added tax), total floor area of KRW 3,079.09 square meters, and liquidated damages for delay shall be determined as 0.1% of the contract amount per the number of days of delay.

(hereinafter “instant new construction contract”). The main contents of the said new construction contract are as follows:

Article 9 [Period of Construction Work] (3) The date of completion refers to the date on which the plaintiff completes construction works and requests the defendant A 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 16 (Extension of Construction Period) (1) Where the performance of construction is delayed due to a cause not attributable to the plaintiff, such as a natural disaster, force majeure, situation of force majeure, imbalance in raw materials supply and demand, etc., the plaintiff may request the defendant A to extend the construction period in writing.

(2) Upon receipt of a request to extend the contract period under paragraph (1), the defendant A shall promptly investigate and confirm the fact, and take necessary measures, such as the extension of the contract period, so that the Corporation may appropriately perform it.

(4) Where the defendant A has approved an extension of the contract period under paragraph (1), he/she shall not impose penalty for delay on the extended period.

Article 24 (Completion of Works) (1) Upon completion of the work, the plaintiff shall notify the defendant A of the completion, and the defendant A shall conduct the inspection without delay in the presence of the plaintiff, and if the defendant A fails to notify the result of the inspection within 10 days after receiving the plaintiff's notification, the inspection shall be deemed to have passed at the expiration of 10 days.

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