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(영문) 대전고등법원(청주) 2016.06.28 2014나1271
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 147,845,009.

Reasons

1. Basic facts

A. On November 25, 2010, with respect to the construction of a new construction of a high-tech industrial complex 21-1 block (hereinafter “instant factory”) with Defendant (contractor) on the surface of this Chapter at Chungcheongnam-si (hereinafter “instant construction project”), the Plaintiff (contractor) entered into a standard contract for construction works (hereinafter “instant construction contract”) with respect to the following construction works (hereinafter “instant construction works”).

1. Name of the construction: New construction of an identity chemical charging plant;

3. Date of commencement: December 1, 2010.

4. Date of completion: May 15, 2011;

5. Contract amount: 1,331,000,000 won (including value-added tax); and

8. Warranty liability (in the case of a complex type of work, the classification by type of work) - Warranty liability period: Construction work 2 years, and unit civil engineering work 1/100 (day) for liquidated damages: Article 16 [Extension of the construction period] of the General Conditions of the Contract for Standard Civil Construction Works 1/100 (day) for Standard Contract for Civil Construction Works 1/100 (Extension of the construction period) 1. Where the execution of construction is delayed due to reasons not attributable to “B” such as natural disasters or force majeure events, “B” may request “

(2) Where there is a request for the extension of the contract period under paragraph (1), "A" shall immediately investigate and confirm such fact, and take necessary measures, such as the extension of the contract period, so that the Corporation can perform it appropriately.

(4) Where the extension of the contract period referred to in paragraph (1) has been approved, the term "A" shall not impose a penalty immediately for such extension.

Article 27 [Compensation for Delay] (1) "B" shall pay to "A" the amount calculated by multiplying the contract price by the rate of the liquidated damages for delay in the contract (hereinafter referred to as "compensation for delay") for each number of days of delay when the construction has not been completed within the deadline for completion.

Provided, That where a completion inspection has been delayed due to a cause attributable to "A" and where the construction has been delayed due to a cause falling under any of the following subparagraphs, the penalty for delay equivalent to the number of relevant days shall not be paid:

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