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(영문) 서울중앙지방법원 2015.12.30 2014가합3103
공사대금
Text

1. The Defendant’s KRW 146,530,00 for the Plaintiff and KRW 6% per annum from January 28, 2014 to December 30, 2015.

Reasons

1. Basic facts

A. The conclusion of the construction contract and the progress of the construction project and the written contract for the construction project in this case

6. Payment method of construction cost 1) : 10% (10% per contract deposit rate) 2): Payment of construction completion amount according to the ratio of contract monthly (payment up to 60% of the contract amount): Payment within 60 days after the completion of construction works.

8. The rate of penalty for delay: 1,000,000 won/day.

9. Other matters: from the payment of construction expenses when a house is sold to prevent it.

Article 26 of the General Conditions of the Standard Contract (1) When the plaintiff fails to complete the construction within the deadline for completion, he/she shall pay to the defendant the amount calculated by multiplying the contract amount by the rate of liquidated damages under the contract (hereinafter referred to as " liquidated damages for delay") for each number of days

Provided, That where a completion inspection has been delayed due to a cause attributable to the defendant and where construction has been delayed due to any cause falling under any of the following subparagraphs, the penalty for delay equivalent to the number of relevant days need not

3. Where the commencement of construction has been delayed or suspended due to reasons attributable to the defendant;

4. Where the Corporation has been delayed due to any other cause not attributable to the plaintiff's liability. (3) The defendant may set off the liquidated damages calculated under paragraphs (1) and (2) against the construction price paid to the plaintiff under Article 25.

(1) When a contract has been terminated under Articles 30 and 31 at the time of termination of the contract under Article 32, the plaintiff and the defendant shall settle the construction amount of the completed portion without delay.

Article 33 (Right of simultaneous Performance) (1) If the defendant delays the payment of the advance payment and the completed portion under the terms and conditions of the contract, the plaintiff may temporarily suspend all or part of the work, if the defendant fails to pay it even though he urged the payment thereof within a reasonable time specified by the contract.

The unit price and quantity of the estimates submitted by the Plaintiff, based on the design documents and specifications, shall have been submitted.

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