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Of the part concerning the principal lawsuit in the judgment of the first instance, the Plaintiff (Counterclaim Defendant) corresponding to the amount ordered to be paid below.
Reasons
1. Basic facts
3. Month of year: February 15, 2017;
4. Date scheduled for completion: August 10, 2017.
5. Total amount of gold: 1,100,000,000 won per day on November 1, 2000 won (including value-added tax): Article 27 of the General Conditions for Standard Contract for Construction Works (hereinafter “General Conditions in this case”) / [1,100 (1)] When the construction is not completed within the deadline for the completion of the construction, the Defendant shall pay to the Plaintiff the amount calculated by multiplying the contract amount by the delayed rate for liquidated damages in the contract (hereinafter “compensation for delay”) for every number of days.
Provided, That where a completion inspection has been delayed due to a cause attributable to the plaintiff and where the construction has been delayed due to any of the following causes, the compensation for delay equivalent to the number of relevant days need not be paid:
1. Cases due to force majeure events prescribed in Article 18;
2. Where the supply of important materials that the defendant could not use as a substitute is delayed or its construction has been suspended due to any cause attributable to the plaintiff;
3. Where the commencement of construction has been delayed or suspended due to causes attributable to the plaintiff;
4. Where the Corporation is delayed due to any other cause not attributable to the defendant's liability, Article 28 [security] ① The defendant shall pay to the plaintiff the amount calculated by multiplying the contract amount by the warranty bond as stipulated in the contract amount (hereinafter referred to as "guarantee bond for defects") in order to guarantee the repair of defects of the Corporation, as cash or a guarantee certificate issued by the guarantee agency under the subparagraphs of Article 4 (2) until the payment of the consideration for the
(4) When the warranty liability period expires, the plaintiff shall return the warranty bond under paragraph (1) at the request of the defendant.
However, in the case of a construction project the defect warranty period of which is different from each other, the defect warranty bond for the construction type of which expires shall be requested by the defendant.