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(영문) 서울동부지방법원 2015.11.06 2014가합7900
손해배상(기)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiffs for KRW 194,067,50 and the period from May 30, 2015 to November 6, 2015.

Reasons

Basic Facts

(1) The Plaintiffs are business operators operating a seller of cosmetics called “E”.

(2) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a person who received construction from the Plaintiffs, and Defendant D is the representative director of the Defendant Co., Ltd.

3. Date of commencement: The rate of liquidated damages for delay as of December 11, 2013: The scheduled date for completion of works on June 10, 2013: Article 17 of the General Conditions of the Standard Contract for Private Construction Works (Extension of the construction period) [1/1,00] ① Where the performance of works is delayed due to reasons not attributable to the defendant company, such as natural disasters, force majeure situations, imbalance in supply and demand of raw materials, etc., where it is considerably difficult to perform the construction works due to reasons not attributable to the plaintiffs, or cause not attributable to the defendant company.

(2) Upon receipt of a request to extend the contract term under paragraph (1), the Plaintiffs shall immediately investigate and verify such fact and take necessary measures, such as the extension of the contract term so that the Corporation may appropriately implement the contract term.

(4) Where the Plaintiffs have approved an extension of the contract period under paragraph (1), they shall not impose any penalty for delay on the said extension.

Article 30 [Compensation for Delay] (1) When the defendant company fails to complete construction within the completion period, it shall pay to the plaintiffs the amount calculated by multiplying the rate of compensation for delay in the contract by the contract amount (hereinafter referred to as "compensation for delay") for each number of days of delay.

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

1. Cases due to force majeure events prescribed in Article 19;

2. Where the progress of construction has become impossible because the supply of important materials that the defendant company could not use as a substitute has been delayed due to the reasons attributable to the plaintiffs;

3. Commencement of construction shall be delayed or executed due to causes attributable to the defendant company;

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