(영문) 대구고등법원 2015.04.29 2014나1035 | 리걸엔진

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(영문) 대구고등법원 2015.04.29 2014나1035

지체상금등

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

Reasons

1. The name of the O construction work under the standard contract for basic facts: the contract amount of the O contract amount of 24 months from the date of commencement (from April 13, 2012 to April 12, 2014): 28,748,500,000 won (the supply price of KRW 27,500,000,000, value-added tax amount of KRW 1,248,500,000), but the contract amount actually agreed by the parties is 23.5 billion.

C. Rate of liquidated damages for delay: Article 10 of the General Terms and Conditions of the Construction Contract for each Number of Days per day.

1. The date of commencement and completion of construction work shall be the date specified in the contract.

2. The date of completion shall not be changed due to the advertisement for sale or the conclusion of a contract for sale, and the defendant shall not change the date of completion.

However, where it is impossible to start the commencement date of construction without any reason attributable to the defendant, the date of commencement shall be the date of commencement, and the defendant may request an extension of the construction period only.

Article 16 (Extension of Work Period)

1. The date of completion shall not be changed due to the advertisement of sale, conclusion of sale contract, etc., and the defendant shall not change the date of completion;

However, where the performance of construction works is delayed due to reasons not attributable to the defendant, such as natural disasters or force majeure cases where it is objectively difficult to perform the contract, etc., the defendant may request the plaintiff to extend the construction period in writing.

2. Where there exists a request for the extension of the contract period under paragraph (1), the contract period may be extended immediately after investigating and verifying the fact and obtaining prior written consent from the plaintiff.

3. Where the construction period is extended under the above provision, the defendant may not claim against the plaintiff any additional expenses, such as site management expenses incidental thereto.

4. When the plaintiff has approved an extension of the contract period under paragraph (2), he shall not impose the penalty for delay on the extended extension.

Article 28 (Compensation for Delay in Occupancy)

1. The defendant.

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