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(영문) 서울중앙지방법원 2016.08.12 2014가합31344
공사대금
Text

1. The Defendant’s KRW 285,883,260 as well as the Plaintiff’s annual 6% from May 15, 2014 to August 12, 2016, and the following.

Reasons

1. Basic facts

A. 1) The Defendant entered into a contract for a construction project on March 26, 2013 (hereinafter “instant building”) shall be the Defendant’s Drug Storage Office on the land B and three parcels, i.e., Asia-si, and Busan-si (hereinafter “

) New construction works (hereinafter “instant construction works”)

As to the notice of tender, the following contents were publicly announced, and the Plaintiff was awarded the instant construction contract in the said bidding procedure on April 19, 2013.

3. 1) The name of the construction project: Outline of the construction project on the first floor (see design drawings): The scope of the construction project on the first floor (see design drawings): the entire matters specified in the design drawings, including civil engineering, landscaping, construction, machinery, electricity, fire fighting, telecommunications, and other appurtenant works; 5) the construction period shall be three months from the date of the contract;

2) On April 29, 2013, the Plaintiff entered into a construction contract with the Defendant with the terms and conditions of the contract for private construction works, setting the contract amount of KRW 1.79 billion for the instant construction works, KRW 1.793 million for the commencement date, May 6, 2013 for the completion date, and September 5, 2013 for the completion date of the scheduled construction completion date by multiplying the number of delayed delay by 3/100 of the construction cost, and the terms and conditions of the contract for private construction works as well as the special terms and conditions of the contract are as follows.

(2) Where it is impossible to start the commencement date of construction without any cause attributable to the plaintiff, the date of commencement shall be the date of commencement, and the plaintiff may request an extension of the construction period.

(3) The date of completion refers to the date the plaintiff completed construction works and requests the defendant to undergo a completion inspection in writing.

(c) Provided, That it shall be limited to the cases of passing the inspection of completion under Article 24;

Article 27 (Compensation for Delay) (1) When the plaintiff fails to complete the construction within the deadline for completion, the amount calculated by multiplying the delayed payment rate specified in the contract by the contract amount (hereinafter referred to as "compensation for delay") shall be paid for each number of days.

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