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(영문) 서울중앙지방법원 2017.10.20 2016가합512144
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 21,221,718 and its amount from July 30, 2015 to October 20, 2017.

Reasons

1. Basic facts

A. On October 16, 2014, the Plaintiff: (a) concluded a contract with the Defendant for construction works newly constructed the Defendant’s private house on the land located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant construction works”); (b) the construction cost was KRW 900 million (excluding value-added tax); (c) May 31, 2015; and (d) the rate of liquidated damages for delay was 3/1,000 per day (hereinafter “instant contract”); and (c) the parts related to the instant contract in relation thereto are as follows.

Article 24 (Compensation for Delay) (1) When the plaintiff fails to complete the construction within the deadline for completion, he shall pay to the defendant the amount calculated by multiplying the contract amount by the rate for liquidated damages in the contract (hereinafter referred to as "compensation for delay") for each number of days.

However, where a completion inspection has been delayed due to a cause attributable to the defendant and where construction has been delayed due to any of the following causes, the penalty for delay equivalent to the number of relevant days need not be paid:

3. Where the commencement of construction has been delayed or suspended due to reasons attributable to the defendant;

4. Where the Corporation is delayed due to any other cause not attributable to the plaintiff's liability, Article 28 (Cancellation, etc. of Contracts by the defendant) (1) In cases falling under any of the following subparagraphs, the defendant may cancel or terminate all or part of the contract:

2. Where it is evident that there is no possibility to complete the construction before the completion date due to the plaintiff's responsible cause.

4. Other cases where it is deemed impossible to achieve the purpose of the contract due to the violation of the terms and conditions of the contract by the plaintiff, and where damages have been incurred due to the cancellation or termination of the contract pursuant to the provisions of Articles 28 and 29, the other party may claim compensation therefor.

B. The Plaintiff agreed with the Defendant to execute the instant construction work in accordance with the design drawings prepared by D (hereinafter “D”), and D from November 18, 2014, after the Plaintiff commenced the instant construction work.

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