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(영문) 부산지방법원 2015.04.30 2013가합20468
손해배상(기)
Text

1. The Defendant’s KRW 64,501,494 as well as the Plaintiff’s annual rate from May 23, 2014 to April 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff was awarded a contract by Busan Metropolitan City to perform the “construction works for the integrated sewage pipe in the Green Products Area,” and the Defendant was awarded a subcontract by the Plaintiff for the A-LINE 1 Section (hereinafter “instant construction works”).

B. On February 22, 2011, the Plaintiff and the Defendant concluded a standard subcontract agreement for the instant construction works (hereinafter “instant contract”) with the construction period from February 22, 201 to June 30, 2012, and the actual construction cost of KRW 6,435,00,000 (including value-added tax; hereinafter the same shall apply). However, the construction cost to be notified to the ordering authority was KRW 7,205,00,000.

C. On June 28, 2012, the Plaintiff and the Defendant extended the construction period of this case by June 30, 2013, reflecting the design change and price increase, and changed the construction cost (amount of the contract) into KRW 7,570,200,00, and the construction cost (amount of contract) for notification to the ordering authority as KRW 8,340,200,000.

However, on February 5, 2013, the Defendant sent to the Plaintiff a certificate of content that the additional construction cost incurred in relation to the teas construction among the instant construction works may be paid and that the additional construction cost would be paid and the progress payment would be paid in accordance with the design modification.

Accordingly, on February 22, 2013, the Plaintiff and the Defendant determined the agreed amount related to the additional inputs required by the aforementioned content certification as KRW 550,00,00 (excluding value-added tax). However, the Plaintiff agreed to pay the instant construction on the condition that the Defendant shall complete the instant construction by April 30, 2013. If the Defendant fails to complete the construction within the said period, it would compensate the Plaintiff for the delayed performance liability for 10% of the agreed amount.

(hereinafter “instant agreement”). [The grounds for recognition] Gap evidence Nos. 1 through 7, Eul evidence Nos. 2 (including, if any, a serial number; hereinafter the same applies), the purport of the entire pleadings.

2. The assertion and judgment

A. The plaintiff's assertion of this case as to liquidated damages, etc.

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