(영문) 서울중앙지방법원 2018.10.12 2017나46877

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(영문) 서울중앙지방법원 2018.10.12 2017나46877

공사대금반환

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Facts of recognition;

A. (1) On December 3, 2014, the Plaintiff entered into a contract for construction of the PC and the PC (hereinafter “instant construction”) on the 2nd floor PC in Seocho-si, 612 p.m. as the Defendant and Seo-gu, Incheon, Seo-gu.

As to the contract for construction of interior facilities, etc. (hereinafter “instant contract”) as follows:

4. Period: The contract amount from December 3, 2014 to January 5, 2015: 338,080,000 won (excluding value-added tax).

6. The remaining 10% of the intermediate payment at the time of the payment of contract deposit with 30% of the down payment contract deposit, and 10% of the remainder at the time of the completion of works for wooden works and other works;

8. Rate of liquidated damages: The parts related to the terms and conditions of the contract for the instant contract shall be as follows. Article 15 (Performance Delay ① When the Defendant fails to complete the construction work within the deadline for construction as stipulated in the contract, the amount calculated by multiplying the rate of liquidated damages as stipulated in the contract by the number of days per delay shall be paid to the Plaintiff in cash.

(2) When the Corporation is deemed to have delayed due to any of the following causes, it shall be exempted from the penalty for delay equivalent to the relevant days:

1. Natural disasters, war, etc.;

2. Where the commencement of construction has been delayed or the progress of construction has been interrupted due to a cause attributable to the plaintiff, the defendant shall lose the benefit of time, the plaintiff may cancel and terminate this contract after the prior peremptory notice, and compensate for the damages suffered by the plaintiff in any of the following cases:

1. Where the defendant fails to commence construction works within seven days from the date of commencement agreed upon without good cause;

2. Where construction work has not been completed in the air due to a cause attributable to the defendant;

3. In a case where the defendant violated the contract terms and conditions. (2) Upon receipt of the notification under paragraph (1), the defendant shall suspend without delay the construction work for the part for which the termination notice

3. The plaintiff on December 4, 2014 to the defendant.

유사 판례

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-서울중앙지방법원 2016.11.11 2016가합511592

-서울중앙지방법원 2014.07.23 2013가합42217