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(영문) 창원지방법원 2013.11.21 2011가합10327
지체상금등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 76,261,295 to the Plaintiff (Counterclaim Defendant) and its related amount from November 24, 201 to November 21, 2013.

Reasons

1. Basic facts

A. The status of the parties is a company aimed at the business of manufacturing synthetic timber and synthetic resin pressureing and sanding, etc., and the defendant is a company aimed at the construction business.

B. On October 14, 2010, the Defendant concluded a contract with the Plaintiff for the extension and substantial repair of the Plaintiff’s factory on the Plaintiff’s land outside Kimhae-si and one parcel, as of October 22, 201, and the completion date of the completion plan for the construction of the instant construction contract (including value-added tax) (hereinafter “instant construction contract”). The Defendant received a contract from the Plaintiff on October 14, 201 with the Plaintiff as KRW 841,50,000 (including value-added tax).

The main contents are as follows:

3. Date of commencement: October 22, 2010.

4. The scheduled completion date: January 31, 201.

5. Contract amount: 10. 10. 10. 841,500,000 won (including value-added tax) for each type of work for warranty, and 841,50,000 3% of the contract amount for warranty of each type of work for each type of work for warranty, 25,245,000 11. 25,245,000 : 1/1,000 General Conditions / [1] 1,000 / [1] 1. 1. 1. (1. hereinafter the same shall apply] if the construction is not completed within the due date, the amount calculated by multiplying the contract amount by the delayed interest rate in the contract (hereinafter referred to as “compensation damages”) for each number of days shall be paid to “A (the plaintiff

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

3. Where the commencement of construction has been delayed or suspended due to a cause attributable to A;

4. Where the Corporation is delayed due to any other cause not attributable to B’s liability. (2) In the application of paragraph (1), where “A” has used the whole or part of the object of construction in accordance with Article 23, the amount equivalent to that part shall be deducted from the contract amount

Article 28 [Defect Security] ① “B” guarantees the repair of defects of a construction project.

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