logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.06.21 2016가단137228
지체상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of passenger transport service, and the defendant is a company with the purpose of urban management planning business.

B. On July 20, 2010, the Plaintiff entered into a technical service contract with the Defendant to enable the Defendant to perform the said technical service (hereinafter “instant service contract”) with regard to the determination (revision) of urban planning facilities and the authorization of implementation plans regarding the buffer green belt of the original city bus terminal at the original city level of KRW 44,00,000,000 and the contract term from July 20, 2010, with regard to the technical service related to the authorization of implementation plans for the buffer green belt of the original city bus terminal at the original city of KRW 877-1, the main contents of the instant service contract are as follows.

Article 4 (Period of Service) (1) The period for performing the defendant's service shall be the same as that for each process specified below, and each service shall be completed within the specified period:

Provided, That the number of days delayed due to the reasons of the authorizing and permitting authorities, such as administrative procedures, delay of consultation, deliberation schedule, etc., shall be excluded, but this period shall not exceed 240 days.

Article 14 (Performance Delay) (2) Where the Defendant fails to complete the service within the period for each process specified in Article 4 schedule, within 180 days after the contract is concluded at the time of deliberation by the Gangwon-do Urban Planning Committee (public notice) within 90 days after the date of approval of the proposal for the determination (revision) of urban planning facilities within 45 days after the date of receipt of the proposal for the decision of the urban planning facilities within the deadline for the completion of the process period, it shall calculate and pay to the Plaintiff the penalty for delay equivalent to 5/1,000 of the total service charges for every one day of delay on the schedule for each day after the date of delay on the schedule.

Provided, That the number of days delayed due to administrative agencies' reasons not attributable to the defendant shall be excluded.

C. Meanwhile, around October 2014, the Defendant completed the provision of technical services under the instant service contract.

Grounds for Recognition: Facts without dispute, Gap evidence 1-2, Gap evidence 2-2.

arrow