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(영문) 서울남부지방법원 2015.05.08 2014가합3178
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 65,272,165 to the Defendant (Counterclaim Plaintiff) and its amount from April 9, 2014 to May 8, 2015.

Reasons

1. Basic facts

A. On August 5, 2013, the Plaintiff and the Defendant concluded a contract for construction works (hereinafter “instant construction works”) with respect to the construction works of Gyeonggi-gun C and D ground pented Buildings (hereinafter “instant building”). The main contents of the contract and special agreement (hereinafter “instant contract”) are as follows:

[Standard Contract for Construction Works] Construction Period: Contract amount on August 10, 2013: Article 16 (Adjustment of Contract Amount due to Modification of Design) (1) When the contents of the design are not integrated with the state of the construction site, or are unclear, omitted or erroneous, or when there occurs an unexpected situation in the construction site, or the project plan is modified.

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

1. The unit price of the increased or decreased construction works shall be based on the unit price of a detailed statement of construction price referred to in Article 6;

2. The unit price for a new item not included in the detailed statement of construction price shall be the unit price computed as at the time of design modification; and

Article 23 (1) When the defendant fails to complete construction within the completion period, he/she shall pay to the plaintiff the amount calculated by multiplying the contract amount by the delayed damages for each number of days of delay (hereinafter referred to as "compensation for delay").

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, restrictions on access for prevention of epidemics, or other reasons not attributable to the defendant.

[Matters of special agreement] - Any balance remaining after completion shall be three months.

- twice the amount required in any event, other than in the event of a natural disaster, to suspend the work;

- The agreement that there is no additional cost of the contractual amount. - The balance may be operated from October 15 even if any balance is available.

(b) any balance of KRW 100 million 5 per cent of the Bank interest rate for three months.

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