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(영문) 인천지방법원 2015.04.22 2013가합17137
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts construction business, etc., and the Defendant is the owner of Gyeyang-gu Incheon Metropolitan City Land Co. (hereinafter “instant land”).

B. On July 17, 2012, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant for the construction of a commercial building with the second floor of neighborhood living facilities (hereinafter “instant building”) on the instant land (hereinafter “instant construction”) and the main content thereof are as follows.

Construction period: Contract price (including value-added tax): 418,00,000 won on October 31, 2012 on the date of completion on July 25, 2012 on the date of commencement: 380,000,000 additional tax amount: 38,000,000 won: 38,000,000 additional tax amount: 3% interest rate for delay: 3% interest rate for delay: 3% interest rate for delay: Article 9 [General Conditions for Contract for Construction] 1/100 of the daily contract amount for the day of commencement and completion of construction.

(2) Where it is impossible to start the commencement date of construction without any cause attributable to the plaintiff, the date of commencement shall be the date of commencement, and the plaintiff may request an extension of the construction period.

(3) The date of completion means the date the plaintiff completes construction works and requests the defendant 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 16 (Extension of Construction Period) (1) Where the performance of construction is delayed due to a cause not attributable to the plaintiff, such as a natural disaster or force majeure, the plaintiff may request in writing the defendant to extend the construction period.

(2) Where there exists a request for extension of the contract period under paragraph (1), the defendant shall promptly investigate and confirm such fact and take necessary measures, such as extension of the contract period, so that the Corporation may appropriately implement it.

(3) Where the construction period is extended under paragraph (1), additional expenses, such as site management expenses incidental thereto, shall be adjusted by applying the provisions of Article 21.

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