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(영문) 서울동부지방법원 2017.05.24 2015가합107449
손해배상(건)
Text

1. Paragraph 2 applies to the Defendant (Counterclaim Defendant) on January 22, 2015 based on the construction contract.

Reasons

1. Marking of the standard contract agreement on private construction works;

3. Period of construction: From January 22, 2015 to May 31, 2015 (Date of commencement of construction).

5. Contract amount: 11. Rate of liquidated damages for delay: 1/1,000: Article 10 (Period of Construction Work) of the General Conditions of the Construction Contract (Period of Construction Work) 1/1,000. The date of commencement and completion of construction work shall be the date specified in the contract.

③ The date of completion refers to the date the Defendant completed construction and requested the Plaintiff to undergo a completion inspection in writing.

(c) Provided, That it shall be limited to the cases of passing the inspection of completion under Article 27;

Article 26 (Partial Use) (1) The Plaintiff may use all or part of the object of construction with the consent of the Defendant even before the delivery of the object of construction.

Article 27 (Completion Inspection) (1) The defendant shall notify the plaintiff upon completion of construction, and the plaintiff shall conduct the inspection without delay after receiving notification, in the presence of the defendant, and if the plaintiff fails to notify the result of inspection within 10 days after receiving notification from the defendant, it shall be deemed that the plaintiff passed the inspection on the date ten days have passed.

(2) When the defendant fails to pass the inspection under paragraph (1), he shall, without delay, repair or remodel it and undergo a completion inspection again.

Article 28 (Payment of Price) (1) After passing the Plaintiff’s completion inspection, the Defendant may immediately adjust the construction site, such as removal and removal of surplus materials, wastes, temporary facilities, etc., and claim the payment of the construction price to the Plaintiff.

(2) The plaintiff shall pay the contract price to the defendant simultaneously with the delivery of the object of the contract, unless otherwise stipulated.

(3) Where the Plaintiff fails to pay the price by the due date, the overdue interest rate at which the delay in the payment of the price specified in the contract applies to the ordinary loan of an autonomous commercial bank shall apply to the number of days from the following day of the due date for payment.

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