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(영문) 의정부지방법원 2014.01.08 2012가합13771
지체상금
Text

1. The Defendant’s KRW 17,249,760 for the Plaintiff and 5% per annum from December 6, 2012 to January 8, 2014.

Reasons

1. Facts of recognition;

A. On May 2, 2011, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant to construct a gas station and a rest area building on the ground A, Gangwon-gun, Gangwon-gun, under which the Plaintiff entered into a contract for construction work (hereinafter “instant construction work”). The main terms and conditions of the construction work standard contract and the construction work standard terms and conditions attached thereto are as follows:

Standard contract for construction work.

3. Period of construction: Commencement on May 1, 201, and completion on July 31, 201: Contract amount: 1,916,640,000 won (including value-added tax).

6. The timing and method of the completed amount: It shall be paid in consultation according to the progress rate.

9. Rate of liquidated damages: A contract bond on October 1, 000: if the payment (20% of the contract amount) by a written guarantee is stipulated in Article 19 of the General Conditions of the Construction Work Standard Contract (Grade 1) (1). The defendant may request an inspection of the completed portion in accordance with the contract. In such cases, the plaintiff shall conduct an inspection without delay.

(2) The defendant may demand the amount of progress payment calculated in accordance with the unit price of the result of the inspection under paragraph (1) and the detailed statement of construction price under Article 6, and the plaintiff shall pay it in accordance

Article 23 (Compensation for Delay) (1) When the defendant fails to complete construction works within the deadline for completion, he/she shall pay to the plaintiff an amount calculated by multiplying the contract price by the delayed rate for each number of days.

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, restrictions on access for prevention of contagious diseases, or other reasons not attributable to the defendant.

B. After that, the Plaintiff and the Defendant concluded a contract to extend the construction period of the instant contract by October 31, 201, on July 28, 2011.

C. The Plaintiff: (a) the Defendant; (b) the advance payment of KRW 150,00,000 on May 4, 201; (c) the first progress payment of KRW 250,000,000 on June 10, 201; and (c) the second progress payment of KRW 300,000,000 on August 11, 201; and (c) the second progress payment of KRW 250,000 on September 3, 201.

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