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(영문) 서울고등법원 2019.02.01 2018나2058500
지연배상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The basic facts;

2. The Parties’ assertion;

3. The reasoning for the court’s ex officio determination on whether the plaintiff’s performance of a lawsuit is legitimate is that of the corresponding part of the judgment of the court of first instance, except in the following cases, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

At the bottom of the second page, the following shall be added at the end of the eighth:

“In entering into the existing contract of this case, the Plaintiff and the Defendant agreed to include the general conditions in part of the existing contract of this case, and the parts related to this case are as follows: [General conditions (hereinafter referred to as “General Conditions”) Article 11 (Securing Land for Construction Works) (1) Construction Work (the term “Defendant,” hereinafter referred to as the term “General Conditions”) and the term “the ordering person” means the same.

) Except as otherwise provided in the contract documents, the other party to the contract (referring to the plaintiff, and the same shall apply as in the general terms.

(1) The other party to the contract shall deliver a construction paper to the other party to the contract not later than the date required for the performance of the project.

As regards the general conditions below:

(2) If the construction work has not been completed within the period of delay, the amount calculated by multiplying the rate of liquidated damages prescribed in the contract by the contract (in the case of a long-term continuing construction contract, the annual contract price) shall be the penalty

(3) The Corporation shall pay in cash the relevant number of days when it deems that the Corporation has been delayed due to any of the following causes. 3. Where the commencement of the construction has been delayed or the construction has been suspended due to any cause falling under any subparagraph of Article 25 (1) 2, the relevant number of days shall not be included in the number of days referred to in paragraph (1);

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