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(영문) 부산지방법원 2019.01.09 2017가합48853
손해배상(기)
Text

1. The Defendant’s KRW 214,166,764 as well as the Plaintiff’s annual rate of KRW 6% from September 7, 2017 to January 9, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a corporation whose purpose is construction business.

Standard contract for private construction works

1. Construction name: C neighborhood living facilities and new construction of business facilities;

2. The place of construction: Changwon-si, Changwon-si D (hereinafter referred to as the “instant land”).

3. Date of commencement: The scheduled completion date of February 5, 2018: 3,707,000,000 won (including value-added tax) for the supply price of 3,370,000 won: 3,370,000 won: 337,000,000 won.

8. Late portion: At once a month, the contractor for the delay of 1/1,000: The contractor for the work: The contractor for the work of the plaintiff for the work shall comply with the contract in good faith in cooperation with each other on an equal footings under Article 1 (General Provisions) and the contractor for the standard contract for the work of the plaintiff for the private construction project (hereinafter referred to as the "A").

Article 34 (Cancellation, etc. of Contracts A) (1) A may cancel or terminate all or part of the contract in any of the following cases:

1. Where Eul has failed to commence the construction even after the date for commencement agreed upon without any justifiable reason; and

2. Where it is evident that there is no possibility to complete the construction work within the completion date due to the causes attributable to him/her.

4. Other cases where it is deemed impossible to achieve the purpose of the contract due to the breach of the contract terms of Eul.

Article 37 (Simultaneous Performance Defenses of Eul) (1) Where a party A delays the payment of advance payment and completed portion under the terms of a contract, even though the party A urged the payment thereof, if the party A fails to pay it within a specified period, the party B may notify the party A of the suspension period and temporarily suspend all or part of the work.

(3) A shall suspend construction works referred to in paragraph (1).

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