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(영문) 대구고등법원 2018.05.31 2017나23944
지체상금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 120,000,000 as well as to the plaintiff on November 2015.

Reasons

1. Basic facts

A. A. On or around March 31, 2015, the Plaintiff entered into a contract with the Defendant for the construction of two factories, such as D and E, (hereinafter “instant construction”) with the following content on the ground of the land (hereinafter “instant land”). (hereinafter “instant contract”) between the Plaintiff and the Defendant for the construction of two factories (hereinafter “instant construction contract”).

1. Name of public company: Construction of a new factory D or E company;

2. Places of official residence: Sungju-gun, Gyeongbuk-do.

3. Month of year: April 6, 2015;

4. Date scheduled for completion: August 31, 2015.

5. Total amount of gold: Not more than two hundred million won (including value-added tax);

6. Contract (performance) deposit:

7. Prepaid payment: daily installments (payment by the contractor after receipt of the contract performance guarantee to the contractor);

8. The amount of gold with gender: To be paid after an examination in accordance with the progress of construction works.

10. Symnasium: Three-one hundredths of the construction cost per day of delay.

11. Interest rate for delayed payment: 5% per annum.

12.Other matters: - Contracts shall be based on the General Standards of the Standard Contract, which shall prevail over the matters specified in this Agreement.

- If the date of completion is delayed for not less than 60 days, the contract shall be automatically terminated and the contractor shall lose all the vested rights (right to benefit) and interests in the ongoing work.

(including a lien) - Contracts to be executed in accordance with the civil engineering and construction design drawings which have been authorized as of the contract date.

A contractor: Article 27 of the General Terms and Conditions of Contract for Construction Works for the F Private Sector Representative Corporation (Defendant) / [Compensation for delay] ① When the contractor fails to complete the construction work within the deadline for completion, he/she shall pay to the contractor the amount calculated by multiplying the contract price by the delayed rate in the contract (hereinafter referred to as "compensation for delay") for each number of days of delay.

Provided, That where a completion inspection has been delayed due to a cause attributable to a contractor and where the construction has been delayed due to any of the following causes, the compensation for delay equivalent to the relevant number of days shall not be paid:

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