logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.12.15 2018가합60358
손해배상(기)
Text

1. The Defendant’s KRW 187,601,60 for the Plaintiff and KRW 5% per annum from October 12, 2018 to December 15, 2020, and the following.

Reasons

1. Basic facts

A. On March 21, 2018, the Plaintiff entered into a contract and a subcontract for construction works (i) the extension of storage facilities for low-ground temperature C in Nam-gu, Incheon (hereinafter “instant construction”) with the Defendant on March 21, 2018.

(i) construction cost of KRW 292,050,000 (including value added tax; hereinafter the same shall apply);

Prepaid amount of KRW 175,230,00 (60%) and completed amount of 175,230,000 (60%) and 20% of the prepaid amount (20% of the remainder (after completion inspection)) and construction period, from April 13, 2018 to June 1, 2018, each contract was awarded with 1/1,000 of the construction cost per day (hereinafter “instant contract”).

(1) The Defendant shall pay to the Plaintiff the amount calculated by multiplying the contract price by the rate of liquidated damages in the contract for delay (hereinafter “compensation for delay”) whenever the construction work has not been completed within the deadline for completion, the amount calculated by multiplying the contract by the contract price for delay (hereinafter “compensation for delay”).

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

4. Where construction work has been delayed due to any other cause not attributable to the defendant, (1) Where the defendant intends to subcontract the contracted construction work to a third party, he/she shall subcontract as prescribed by the Framework Act on the Construction Industry and the Fair Transactions in Subcontracting Act, and he/she shall comply with the provisions of the relevant Acts and subordinate statutes in the selection of the subcontractor, the conclusion and execution of the subcontract and the payment of the subcontract price

Article 34 (Cancellation, etc. of Contracts by Plaintiff) (1) In cases falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the contract:

2. Where it is evident that the construction work is not likely to be completed within the completion date due to the defendant's responsible reasons.

4. Other terms and conditions of the defendant.

arrow