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(영문) 제주지방법원 2019.06.20 2017가합649
손해배상(건)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 74,243,674 to the Plaintiff (Counterclaim Defendant) and its related amount from July 19, 2017 to June 20, 2019.

Reasons

1. Basic facts

A. On December 12, 2015, the Plaintiff entered into a contract with the Defendant for construction work (hereinafter “instant contract”) with the content that the Plaintiff would contract the Defendant with the Defendant for the construction work of the 1st underground floor and the 4th residential facilities and multi-family house construction work on the ground (hereinafter “instant construction work”).

The main contents of the instant contract are as follows.

Standard contract for private construction works

3. Date of commencement: The contract amount on August 31, 2016: 11. The rate of liquidated damages for delay: Article 27 of the General Conditions of the Standard Contract for Private Construction Works: 1/1,000 under the General Conditions of the Contract for 1/1,000 shall be paid to the plaintiff, by multiplying the contract amount by the liquidated damages rate for delay in the contract by the number of days delayed, if the construction is not completed within the deadline for completion.

Provided, That where a completion inspection has been delayed due to any cause attributable to the plaintiff and where the construction has been delayed due to any of the following causes, the compensation for delay equivalent to the relevant days need not be paid:

1. Cases due to force majeure events prescribed in Article 18;

3. Where the commencement of construction has been delayed or suspended due to causes attributable to the plaintiff;

4. Where Corporation is delayed due to any other cause not attributable to the defendant.

B. From December 16, 2015 to August 24, 2016, the Defendant received KRW 1,143,000,000 from the Plaintiff as the construction price under the instant contract.

The name of the instant construction site: The name of the instant construction project: The completion of the instant construction project: The completion of the receipt of completion documents by April 30, 2017 in the construction site by April 30, 2017 shall be completed, and the surrounding arrangement of facilities and equipment pipes and finish materials within the site shall be used as well as the completion of the construction in a faithful manner and as much as possible as possible in accordance with the contract.

The fence corporation should complete the fence separately.

The defendant shall file an objection to the completion date of the contract of this case.

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