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(영문) 서울고등법원 2018.10.17 2017나2047121
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On May 9, 2016, the Plaintiff entered into a contract with the Defendant under which AD D D D D D D D D D D D D D D D D D D D D D D D D D D D (hereinafter “instant construction contract”).

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

【Standard Contract for Private Construction Works】

4. Date of commencement: The scheduled completion date of works on May 16, 2016: 200 million won: 190 million won, if the contract amount is concluded on October 6, 2016: 2 billion won: the value-added tax of KRW 1.9 billion: 1.9 million won.

8. Part-time payments: Payment in four installments according to the progress rate during the construction works;

9. Balance: 12. The rate of liquidated damages: The number of days of delay ¡¿ 1/1,00 of the contract amount [general conditions of the standard contract for private-use construction works] Article 9 (Period of Construction Works] (1) The date of commencement and completion of construction works shall be the date specified in the contract.

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

Provided, That it shall be limited to cases where a person passes a completion inspection in accordance with the provisions of the error in Article 24.

Article 16 (Extension of Construction Period) (1) Where the performance of construction works is delayed due to a cause not attributable to the defendant, such as a natural disaster or force majeure, situation beyond control, imbalance in supply and demand of raw materials, etc., the defendant may request the plaintiff to extend the construction period in writing.

(2) Upon receipt of a request to extend the contract period under paragraph (1), the Plaintiff shall promptly verify the fact and take necessary measures, such as extension of the contract period, so that the Corporation can perform it appropriately.

(4) Where the plaintiff has approved an extension of the contract period under paragraph (1), he/she shall not impose penalty for delay on the extended extension.

Article 18 (Damage by Force Majeure) (1) The defendant shall, with respect to the parts of the flag which have completed the inspection or the payment materials and lent articles, engage in force majeure such as typhoon, wind and flood, bad weather, war, disaster, earthquake, infectious disease, riot, riot, etc.

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