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(영문) 수원지방법원 2014.12.30 2013가합17363
손해배상금
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. As to the Plaintiff (Counterclaim Defendant) KRW 145,027,118 and KRW 42,480,000 among them, the Plaintiff (Counterclaim Defendant) shall be punished.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

3. Construction period: Amount of contract on December 30, 2012 after completion on October 30, 2012: 396,600,000 won: Amount of supply for the instant construction contract: 360,000,000 won: Amount of supply for the instant two construction contract: 330,000,000 won: Amount of supply for the instant two construction contract: 30,000,000 won: Amount of value for value of 30,00,000 won: 30,000,000 won.

5. Prepaid payment: 90,000,000 won for the instant construction contract;

6. Timing and methods of completed portion: It shall be paid out of funds for banking facilities in three installments.

30% at the time of basic completion / 30% at the time of completion / 10% after appending the completion certificate

7. Warranty liability period: one year after completion of works.

Provided, That the cost of the construction price shall be borne by the owner who executes the construction due to the negligence of the owner.

8. The rate for warranty bond: 1% (3,600,000);

9. Rate of liquidated damages for delay: No one shall be the owner's contract bond on October 10, 190: 11. Other matters: the cost of the construction - the current status survey (security restoration) - the cost of electric seal [in the case of more than 30K kW per Dong, the addition of electric power costs] - the cost of water seal [in the case of the development of groundwater and the installation of water tanks] - the additional construction cost shall be settled as the actual construction cost.

Article 23 (Compensation for Delay) (1) "B (the defendant; the same shall apply hereinafter)" shall, when the construction work has not been completed within the deadline for completion, pay the amount calculated by multiplying the contract price by the delayed rate for delay (hereinafter referred to as "compensation for delay") for each number of days of delay.

Provided, That this shall not apply where a natural disaster, war, port closure, infectious disease, construction civil petition, access limit for prevention of epidemics, or other cause not attributable to "B" is delayed.

Article 26 (Cancellation of Contracts A) (1) "A" may cancel or terminate all or part of the contract in any of the following cases:

(2) The contract under the provisions of paragraph (1) shall be rescinded.

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