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(영문) 서울중앙지방법원 2016.05.13 2015가합21351
공사대금 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Circumstances leading to the dispute of this case;

A. C (mutual: D) on April 1, 2013, the Defendant contracted the construction of the new G building on the E/F block ground to the Defendant on the Government-si, Fable ground.

On November 1, 2013, the Defendant subcontracted the instant new construction to the Plaintiff with earth and earth (hereinafter “instant construction”) among the new construction works.

(hereinafter “instant subcontract”). (b)

The main contents of the instant subcontract are as follows.

5. Period of construction: November 1, 2013; August 31, 2014.

6. Contract amount: 1,815,000,000 won (including value-added tax; hereinafter the same shall apply);

7. Payment of a price: A payment made on the 20th of the following month upon a claim for the completed amount at the end of each month (10% in cash).

8. Warranty bond rate: 3% of the contract amount; 12. 3% of the contract amount; Article 27 of the General Conditions in the Standard Subcontract Agreement [Compensation for Delay] (1) When the plaintiff fails to complete the construction within the deadline for completion, he shall pay to the defendant the amount calculated by multiplying the contract amount by the delayed rate in the contract (hereinafter referred to as "compensation for delay") for each number of days.

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

1. Cases due to force majeure events prescribed in Article 18;

2. Where it becomes impossible to proceed with construction works because the supply of important materials that the plaintiff is unable to use as a substitute has been delayed due to a reason attributable to the defendant;

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

4. Where the Corporation is delayed due to any other cause not attributable to the plaintiff's liability, Article 28 [Security for Defects] (1) The plaintiff shall either pay in cash or until the price for the construction is paid after completion inspection after the amount calculated by multiplying the contract amount by the warranty bond rate stipulated in order to guarantee the repair of defects of the construction (hereinafter referred to as "liability warranty bond").

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