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(영문) 수원지방법원 2015.05.01 2014나9066
손해배상(기)
Text

1. The order of the judgment of the court of first instance, including the claim by the plaintiff (Counterclaim defendant) added and expanded in the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On June 6, 2012, the Plaintiff and Defendant B entered into a contract for civil and construction works to newly construct a electric source house on a parcel, other than D, Gyeonggi-gun, and one parcel (hereinafter “instant construction contract”). The main contents of the instant contract are as follows.

The rate of liquidated damages prescribed in the instant construction contract is 1/100.

The Agreement of this case

3. Period of construction: From June 8, 2012 to October 6, 2012: 347,000,000 won (excluding value-added tax).

9. A portion completed shall be paid twice a month (15 days, 30 days).

11.The contract bond shall be paid in cash, simultaneously with the contract, KRW 34,00,000,000, which is 10% of the value of supply;

(Deduction from Amount of final settlement) 12. Other matters owner and the Corporation shall conclude a contract for construction in accordance with this Agreement and the separate design drawings and construction special specifications.

Article 3 (Surety) In the event of putting up a surety with respect to this Agreement, the surety shall be jointly and severally liable with the parties to any damage incurred by the failure to perform the contract.

Article 15 (Adjustment of Contract Price due to Modification of Design)

2. Where an increase or decrease in the volume of construction works has occurred due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards:

Article 20 (Compensation for Delay) When Defendant B fails to complete the construction work within the deadline for completion, it shall pay to the Plaintiff the amount calculated by multiplying the contract price by the delayed rate for the delayed damages for each number of days (hereinafter referred to as "compensation for delay").

Provided, That this shall not apply where a natural disaster, war, port closure, infectious disease, access limit for prevention of epidemics, or where it is delayed due to a cause not attributable to the defendant B.

Article 23. Cancellation of Contracts by Plaintiff

1. In any of the following cases, the Plaintiff may cancel or terminate all or part of the contract:

(2) There is no possibility that the construction work may be completed within the completion date due to the reasons attributable to Defendant B.

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