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(영문) 부산지방법원 2019.11.13 2018가합44223
공사대금
Text

1. The Defendant’s KRW 219,060,956 among the Plaintiff and KRW 182,366,956 among the Plaintiff, shall be KRW 36,964,00 from April 26, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff is a company that carries on the soil and public business, and the defendant is a company that carries on the construction business.

1. Project owner: The name of the construction project under the contract for Nowon-gu Busan Metropolitan City: C Construction project; and

2. Subcontract construction name: Basic construction works from among C Construction works.

3. Place of the construction: D Private sector, Seo-gu, Busan Metropolitan City.

4. Construction period: Amount of contract on March 4, 2018, as of February 9, 2018, on or before the completion of February 5, 2018: KRW 165 million: KRW 150 million, value-added tax: KRW 150 million, and KRW 15 million.

6. Payment of the price for delay: Settlement 11. The 25th of the following month after the end of each month; The rate for liquidated damages: 3/100 (daily) shall apply mutatis mutandis to the execution in accordance with the drawing; and

(to recognize only the items to be approved as the owner at the time of the occurrence of an additional project). 17. Other terms and conditions of the standard contract for private construction works shall be in accordance with the general conditions.

When the plaintiff under Article 13 (Compensation for Delay) of the General Conditions of the Standard Contract for Construction Works fails to complete the construction work within the deadline for completion, he/she shall pay to the defendant an amount calculated by multiplying the contract amount by the rate of liquidated damages in the contract by

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

3. Where the commencement of construction has been delayed or suspended due to a cause attributable to the defendant, Article 19 (Liability for Damages) (1) Where the plaintiff intentionally or negligently causes damage to another person by roughly managing the execution of contracted construction works, he/she shall be liable to compensate for such damage.

Article 20 (Matters under Special Agreement) (1) Damage related to construction machinery equipment shall be assumed by the plaintiff.

(Mandatory subscription to the Construction Machinery Insurance).

On August 8, 2016, the Busan Metropolitan Government Office contracted the construction of the "C" to a joint supply and demand contractor comprised of the defendant, etc., and the defendant is below the basic construction works during the construction works on February 9, 2018 to the plaintiff.

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