logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.10.15 2015가합60385
손해배상청구
Text

1. The Defendant shall pay to the Plaintiff KRW 568.6 million with the interest rate of KRW 20% per annum from February 4, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On June 18, 2012, the Plaintiff and the Defendant concluded a contract (hereinafter “instant contract”) with the Defendant to newly construct the main complex building (hereinafter “instant building”) at each ground of the same 160-4, 160-5, and 160-6, Jung-gu, Seoul (hereinafter “each of the instant lands”) with the construction cost of KRW 9 billion (hereinafter “instant new construction”) on each of the following grounds:

Standard contract for private construction works

4. The scheduled completion date: The rate of liquidated damages for delay on June 30, 2014: Article 9 (Period of Construction Works) of the General Conditions for the Standard Contract for Private Construction Works in 1/1,000 (Period of Construction Works).

Article 24 (Completion Inspections) (1) When the construction work is completed, the defendant shall obtain approval for use from the relevant administrative agency and notify the plaintiff of the completion of the construction work immediately, and the plaintiff shall conduct the inspection without delay after receiving the notification, in the presence of the defendant, and if the plaintiff fails to notify the result of the inspection within 10 days after receiving the notification from the defendant, the inspection shall be deemed to have passed on

Article 27 (Compensation for Delay) (1) When the defendant fails to complete construction within the deadline for completion, he/she shall pay to the plaintiff an amount calculated by multiplying the contract price by the delayed rate in the contract for each day of 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:

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

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

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

4. Other responsibility of the defendant.

arrow