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(영문) 수원지방법원 2015.11.12 2014가합64540
손해배상(건)
Text

1. The Defendant’s KRW 139,960,00 and as to the Plaintiff, KRW 5% per annum from April 11, 2014 to November 12, 2015, and the Plaintiff.

Reasons

1. Basic facts

A. On November 21, 2011, the Plaintiff entered into a construction contract with the Defendant and Sejong-si (hereinafter “instant construction contract”) with respect to the construction of new housing units C in the said housing site (hereinafter “instant construction”). As regards the construction cost of KRW 440 million as follows, the Plaintiff entered into a construction contract for the said construction contract (hereinafter “instant contract”).

The name of the contract: The owner of the general provisions of Article 1 of the terms and conditions of the contract for the construction of the housing site for the migrants in the Sejong City: The owner of the construction project and the defendant shall cooperate with each other on an equal footing and faithfully perform the contract.

Article 23 (Compensation for Delay) (1) When the defendant fails to complete construction works within the deadline for completion, he/she shall pay to the plaintiff the amount calculated by multiplying the contract price by the rate of the liquidated damages for delay (hereinafter referred to as "compensation for delay") for each number of days, and the rate of the liquidated damages shall be 3/100 per day.

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, restrictions on access for prevention of contagious diseases, or other reasons not attributable to the defendant.

(2) In cases falling under paragraph (1), an amount equivalent to the completed portion of a project that can be divided due to its nature and acquired through an inspection shall be deducted from the contract amount.

Article 24 (Defect Security) (2) The defendant shall repair all defects arising from the relevant work during the warranty period prescribed in the contract from the date the inspection of completion is completed, and the warranty period shall be governed by the Enforcement Decree of the Framework Act

Provided, That this shall not apply where force majeure, such as natural disaster, or cause not attributable to the defendant occurs after the object of construction is delivered.

Article 26 (Cancellation, etc. of Contracts by Plaintiff) (1) In cases falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the contract:

2. The date of completion shall be the date on which the defendant is responsible.

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