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(영문) 서울동부지방법원 2015.09.10 2014가합101048
손해배상(기)
Text

1. The Plaintiff, Defendant B Co., Ltd., 120,559,240 won, and Defendant C Co., Ltd., with Defendant B Co., Ltd., 82.

Reasons

1. Basic facts

A. On November 2, 201, the Plaintiff entered into the instant contract with Defendant C and Daejeon Dong-gu, Daejeon, and five-story Urban Residential Housing Construction Corporation (hereinafter “instant construction”) on or around November 2, 201. The date of commencement is November 21, 201; the date of completion is May 31, 2012; the contract amount is KRW 352 million (the supply price is KRW 320 million); the advance payment is KRW 10 million; the construction cost rate is KRW 1/100; and the construction cost is KRW 1/100 (hereinafter “instant contract”); and the Defendant C is a non-registered director at the site of the instant construction.

Article 7 (Assignment of On-Site Agent) (1) "B (referring to a defendant company; hereinafter the same shall apply)" shall assign a construction engineer corresponding to the main type of construction of the construction to a site prior to the commencement of the construction work as prescribed by the Framework Act on the Construction Industry, and shall notify "A (referring to the plaintiff; hereinafter the same shall apply)" after appointing one of them as a site agent.

(2) Except as otherwise expressly provided for in Acts and subordinate statutes or “A”, a field agent referred to in paragraph (1) shall stay at a site and act on behalf of “B” with respect to all matters concerning execution, and shall manage the execution of contracted construction and other technical management.

Article 27 (Compensation for Delay) (1) "B" shall pay the amount (hereinafter referred to as "compensation for delay") calculated by multiplying the contract amount by the rate of the compensation for delay in the contract by the 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 any of the following causes, the penalty for delay equivalent to the number of relevant days shall not be paid:

1. Cases due to force majeure events prescribed in Article 18;

2.The term “B” is important in which it can not be used as a substitute.

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