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(영문) 부산지방법원 2015.01.14 2013가합48169
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 36,630,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 21, 2014 to January 14, 2015.

Reasons

1. Basic facts

A. On March 20, 2012, the Defendant was subcontracted from the United Nations E.S. Co., Ltd. (hereinafter “Plaintiff”) with the following terms: (a) the construction work of manufacturing and installing a liquid storage tank for Hyundai item 7 liquid storage tank (hereinafter “instant construction work”) among the construction work of installing a storage tank for the amount of bulk item 600M3, 200M3, and 100M3 liquid storage tank (hereinafter “the instant construction work”).

[General Terms and Conditions of Contract] KRW 2,035,00,000 (The supply price of KRW 1,850,000,000, value-added tax of KRW 185,000) correspond to the terms and conditions of the Plaintiff’s regular payment on December 30, 2012 (Special Terms and Conditions of Contract).

1. Advance payment: Payment of 20% of the contract amount;

2. Installment payments and remainders: Article 8 (Adjustment of Payment Period and Payment Period)

3. Where it is deemed impossible for the Defendant to observe the contract payment period due to extenuating circumstances, he/she shall submit the postponement period to the Plaintiff 15 days prior to the contract payment period, and obtain the approval therefor from the Plaintiff.

Provided, That the approval of the plaintiff does not exempt or reduce the defendant's liability for delay of payment period.

4. Even if the plaintiff and the defendant wish to change the contract payment period under mutual agreement, they shall be dealt with by the agreement signed by both parties in writing, i.e., the agreement on the change of the contract payment period, and the agreement on the change of the contract payment period shall be deemed to be the

Article 15 (Termination of Contract and Compensation for Damages) The plaintiff may terminate this contract without notification when the defendant falls under any of the following subparagraphs, and may claim compensation for damages incurred therefrom:

1) Article 18: (2) When there is no possibility of completing the manufacture of goods in the air without any justifiable reason, in violation of any of the Articles prescribed in this Agreement; the rate of liquidated damages for delay;

1. Application of 1.5/1,000 of the number of days of delay (one day);

B. On November 26, 2012, the Defendant delayed civil engineering works that the principal contractor had undertaken at the construction site of this case.

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