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(영문) 대구지방법원 2017.08.11 2016가합1025
지체상금
Text

1. The Defendant’s KRW 120,000,000 as well as 6% per annum from April 1, 2016 to August 11, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Standard contract for private construction works of this case

1. Name of public company: Construction of a new factory D or E company;

2. Places of official residence: Sungju-gun, Gyeongbuk-do.

3. Month of year: April 6, 2015;

4. Date scheduled for completion: August 31, 2015.

5. Total amount of gold: Not more than two hundred million won (including value-added tax);

6. Contract (performance) deposit:

7. Prepaid payment: daily installments (payment by the contractor after receipt of the contract performance guarantee to the contractor);

8. The amount of gold with gender: To be paid after an examination in accordance with the progress of construction works.

10. Symnasium: Three-one hundredths of the construction cost per day of delay.

11. Interest rate for delay in payment of the price: 5% per annum.

12.Other matters: - The General Standards for the Standard Contract, which shall prevail over the matters specified in this Agreement.

- If the date of completion is delayed for not less than 60 days, the contract shall be automatically terminated and the contractor shall lose all the vested rights (right to benefit) and interests in the ongoing work.

(including a lien) - Contracts to be executed in accordance with the civil engineering and construction design drawings which have been authorized as of the contract date.

A contractor: Article 27 of the General Conditions of the Standard Contract for Construction Works in the F Private Sector which is Representative A Co., Ltd. (1) When the contractor fails to complete the construction by the deadline for completion, he/she shall pay to the contractor the amount calculated by multiplying the contract price by the delayed rate (hereinafter referred to as "compensation for delay") for each number of days of delay.

Provided, That where a completion inspection has been delayed due to a cause attributable to a contractor and where the construction has been delayed due to any of the following causes, the compensation for delay equivalent to the number of the relevant days need not be paid:

3. Where the commencement of construction has been delayed or suspended due to a cause attributable to the contractor.

4. Other matters specially agreed upon by the Corporation where the Corporation delays due to any cause not attributable to the contractor.

5. The construction cost of the last term shall be treated by lending land and factories as collateral after completion;

6. The advance payment shall be a land.

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