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(영문) 수원지방법원안산지원 2019.08.29 2017가합6761
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 25, 2016, the Plaintiff entered into a contract for construction works with the Defendant (hereinafter “instant contract”). The new construction works stipulated in the instant contract was entered into with the Defendant (hereinafter “instant construction works”). The main contents are as follows:

(The plaintiff is a contractor, the defendant is the contractor). 1. Construction name: Construction of a new automobile-related facility

2. Place for construction: Land outside C at the time of strike and two parcels.

3. Date of commencement: May 27, 2016.

4. Date scheduled for completion: July 26, 2016.

5. Contract amount: 671,00,000 won (including value-added tax);

7. Advance payment: 30,000,000 won; 11. 0.2% per annum (1,200,000 won): Other matters: 1,200,000 won per day delay per construction work shall be the compensation for delay.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. A. A summary of the Plaintiff’s assertion 1) The Defendant suspended the instant construction before July 2016, and the completion date of the instant construction works without complying with the Plaintiff’s request for the continued construction works, and the instant contract was cancelled implicitly on July 27, 2016, and thereafter, the Plaintiff obtained approval for use on January 11, 2017. Accordingly, the Defendant is obligated to pay the Plaintiff the penalty for delay for delay for 169 days from July 27, 2016, which the date of completion of the instant contract, to January 11, 2017, which was 202,80,000 won (i.e., 1,200,000 won x 169 days x 169 days x 169 days x 169 days x 200, 200, 2006, 2006, 2006, 2006, 2000.

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