(영문) 부산지방법원 2019.06.18 2017가단332179

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(영문) 부산지방법원 2019.06.18 2017가단332179

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) B and C jointly share KRW 107,211,519 against the Plaintiff (Counterclaim Defendant) and their related thereto.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 19, 2016, the Plaintiff entered into each contract with Defendant B and C by setting the rate of penalty for delay as 0.1% of the contract amount, from July 22, 2016 to December 31, 2016, with respect to the construction work for multi-household housing (a total floor area of construction of 489.48 square meters) on the ground of Kimhae-si, Kimhae-si, the construction work period of which is KRW 540 million, and the construction period of which is KRW 30 million.

(1) If the contractor fails to complete the construction within the deadline for completion as stipulated in the contract, the contract amount shall be paid to the contractor with penalty for delay and the number of delayed days as stipulated in the contract (hereinafter “compensation for delay”)

(3) Where construction works are deemed delayed due to any of the following causes, the number of days equivalent to the relevant number of days shall not be included in the number of delayed days:

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

6. Where delay has occurred due to any cause not attributable to the contractor's liability, the contractor or contractor may cancel or terminate the whole or part of the relevant contract, if the contract is not performed within the said period after demanding in writing that the contract be performed within a reasonable period of time, in any of the following cases:

1. Where the contractor or contractor is deemed unable to achieve the purpose of the contract in violation of the terms and conditions of the contract;

B. The main contents of the instant contract are as follows.

C. On July 20, 2016, the Plaintiff entered into a construction supervision agreement with Defendant D, setting the contract amount of KRW 5,383,400 (including value-added tax) and the business period from July 22, 2016 to December 23, 2016, respectively.

(hereinafter “instant supervision agreement”) D.

Defendant B and C around that time do the instant construction work.

유사 판례

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-인천지방법원부천지원 2017.10.18 2017가단6285

-서울북부지방법원 2015.06.11 2013가합5385

-서울중앙지방법원 2017.05.23 2016가단45210

-광주지방법원순천지원 2017.05.16 2015가합732