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(영문) 서울북부지방법원 2017.04.11 2016나31402
손해배상(기)
Text

1. Of the parts concerning the principal lawsuit in the judgment of the court of first instance, the following amounts shall be exceeded:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 5, 2014, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant under which the interior works of “C” cosmetic rooms (hereinafter “instant beauty rooms”) to be newly opened on the fifth floor of the Gangnam-gu Seoul Metropolitan Government building (hereinafter “instant beauty rooms”) (hereinafter “instant construction works”) contract with the Defendant for construction works (hereinafter “instant construction contract”) to contract the Defendant with the construction cost of KRW 168,00,000 (excluding value-added tax).

B. The main contents of the instant construction contract are as follows.

【Construction Details】

1. The name of the construction work: The cosmetic art course of this case;

3. Period: January 29, 2014 after completion of construction, January 6, 2014.

5. Payment (1) of the cost of construction: 30% (the time of the contract for construction: 65% (the time of the contract for construction: 2) intermediate payment: 65% (the time of the completion of the work and the time of transfer) (3) any balance: 5% (the time of the completion of the check)

7. The rate of liquidated damages: 0.1%.

8. Attached documents: Each one copy of the estimate [general conditions of the contract] Article 10 [Performance Delay] (1) When the defendant fails to complete the construction within the deadline for completion, he shall pay to the plaintiff the amount calculated by multiplying the contract price by the delayed rate for the delayed days.

Provided, That this shall not apply where it is delayed due to reasons not attributable to the defendant, such as natural disasters or force majeure.

② The Plaintiff may deduct the penalty for delay from the construction price to be paid to the Defendant.

Article 14 [Liability for Delay in Payment of Construction Price] (1) In the event that the payment of construction price that the Plaintiff shall pay to the Defendant is delayed, the Plaintiff may not raise any objection to the Defendant even if the construction period is delayed due to the number of days of delay by the Plaintiff.

(2) In the event that the Plaintiff delays the construction cost, the late payment shall be made at a rate of 20% per annum on the delayed amount.

C. 1) Written estimates attached to the instant construction contract are the instant construction work directly (dial construction, removal, flooring construction, brick structure construction, etc.).

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