logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.25 2015가합552626
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 17,538,329 to the Plaintiff (Counterclaim Defendant).

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Basic facts

A. On December 24, 2014, the Plaintiff: (a) concluded a contract with the Defendant for the construction of four units of housing (including 101 units, 102 units, 103 units, 104 units, and 104 units of housing; and (b) together with each units of housing (hereinafter “instant construction”); (c) the contract amount of KRW 1,767,700,000 (including value-added tax); (d) the amount of earth and sand construction and aggregate construction (including value-added tax); and (d) the construction period of KRW 602,80,000 (including value-added tax) from December 24, 2014 to July 10, 2015; and (e) the construction of each unit of housing (hereinafter “instant construction”) at a rate of KRW 1,00 per day per month.

(hereinafter “instant construction contract”). B.

Among the contents of the instant construction contract, the main contents related to the instant case are as follows.

(B) Under the following, “A” is a contractor, and “B” refers to each of the Defendant as a contractor. Article 30 (Compensation for Delay)

1. If construction work is not completed within the deadline for completion, Eul shall pay Gap the amount calculated by multiplying the contract price by the rate for delay in the contract (hereinafter referred to as "compensation for delay") for each number of days of delay.

Provided, That where a completion inspection has been delayed due to a cause attributable to A and where construction has been delayed due to any cause falling under any of the following subparagraphs, the penalty for delay equivalent to the number of relevant days need not be paid:

(3) Where the commencement of construction has been delayed or suspended due to any cause attributable to A, and where construction has been delayed due to any cause attributable to B (4) or any other cause not attributable to B, Article 42 (Special Clause)

7. The amount of the construction works under this Agreement shall be the modification contract after re-verification in accordance with the execution design documents submitted after the contract was made on the basis of the basic book ( received on November 2014).

9. Where the contract cannot be renewed because Gap and Eul fail to reach an agreement after submitting a final estimate based on the execution design documents, this contract shall be valid only for reinforced concrete construction works.

(Provided, That this shall not apply to delay of re-contracts due to the reasons for delay of Party A.

arrow