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(영문) 대전지방법원 2020.05.07 2018가합106306
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 40,074,400 to the Plaintiff (Counterclaim Defendant) and its amount from February 15, 2020 to May 7, 2020.

Reasons

. Facts of recognition.

A. The Plaintiff is the owner of the C, Seosan-si, 592 square meters and D, 414 square meters, and multi-household E-dong and Fdong (hereinafter “instant building”) on the said land (hereinafter “instant construction”). The Defendant is the contractor of the instant construction.

B. On November 20, 2015, the Plaintiff and the Defendant entered into a contract for the instant construction (hereinafter “instant contract”) and around May 9, 2016, entered into a modified contract (hereinafter “instant modified contract”). The details are as follows.

* The starting date: November 23, 2015 * the date of completion - the initial date of change: March 23, 2016 - the change: June 30, 2016 - the contractor for new construction of a multi-household house at the contract price * The contractor for new construction of a multi-household house at the contract price is L Co., Ltd. which is not the plaintiff, and the initial contract price of KRW 1,600,000 (excluding value-added tax) is included in the construction cost for new construction, and the construction cost for new construction of Edong and Fdong is the same before and after the contract for the change

- Edong: 720,000,000 won (excluding value-added tax) - Fdong: 512,00,000 won (excluding value-added tax) * The rate of liquidated damages for delay * 1/1,000 - General Conditions for Standard Contract for Private Construction Works - Article 9 (Period of Construction Work) 1 and the date of commencement of construction work shall be the date specified in the contract.

(2) Where it is impossible to commence the construction on the commencement date without any cause attributable to the defendant Eul (the defendant, hereinafter referred to as the "defendant"), the date of the defendant's on-site takeover shall be the commencement date, and in such cases, the defendant may request the extension

(3) The date of completion shall refer to the date the defendant completed the construction works and requests the "A" (hereinafter referred to as the "Plaintiff") to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 25 (Payment of Price) (1) After passing the completion inspection of the Plaintiff, the Defendant may adjust the construction site, such as the removal and removal of surplus materials, wastes, temporary facilities, etc., and claim the payment of the construction price to the Plaintiff.

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