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1. Of the Plaintiff’s lawsuit, the part of the Plaintiff’s claim for KRW 344,00,000 and damages for delay from January 20, 2015 shall be dismissed.
2...
Reasons
1. Basic facts
A. On February 14, 2011, the Plaintiff entered into the instant contract and revised the said contract. On February 14, 201, the Plaintiff is a new construction work for the ground B ground neighborhood living facilities in Nam-gu, Incheon (hereinafter “instant construction work”).
(i) the contract amount of KRW 2,460,00,000 (excluding value-added tax; hereinafter referred to as “value-added tax”) shall include value-added tax;
(A) The construction period is from February 14, 201 to October 31, 2011; and the rate of liquidated damages for delay is set at 0.1%, and the contract for construction works (No. A. 1; hereinafter “instant contract”).
The terms and conditions of the said contract relate to the instant case are as follows: (a) MU - Article 9 (Work Period) (3) The completion date means the Plaintiff; (b)
hereinafter the same shall apply.
ii)the completion of this construction work and “A” (the Defendant);
hereinafter the same shall apply.
The date on which a written request for a completion inspection has been made to the person who has passed the inspection pursuant to Article 24: Provided, That where the performance of construction works is delayed due to a cause not attributable to “B”, such as a cause attributable to “A”, a natural disaster, force majeure situation, and a failure in supply and demand of raw materials, etc., and where the performance of construction works is considerably difficult due to a cause not attributable to “B”, “B” may request in writing “A” to extend the period of construction.
(2) Where an increase or decrease in construction volume occurs due to the modification of a design under paragraph (1), the contract amount shall be determined according to the following standards: