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Reasons
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(영문) 울산지방법원 2016.05.19 2014가합7786
공사계약부존재 확인 등
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1. The Plaintiff’s obligation to pay the construction cost based on the construction contract concluded on March 9, 2014 against the Defendant 181,200.

Reasons

1. Basic facts

A. On March 9, 2014, the Plaintiff entered into a construction contract with the Defendant for construction works (hereinafter “instant contract”) with the content that a multi-family house is newly built on the Defendant, Ulsan-gu C and D ground, Ulsan-gu, and the main content is as follows.

Construction Contract Documents

1. Name of construction: Two units of construction work for constructing multi-family houses E-family houses in Ulsan-gu;

2. Place of construction: Ulsan-dong, Dong C, D

3. Period of construction: From March 10, 2014 to August 12, 2014: The completion on March 27, 2014: Contract amount on August 12, 2014: KRW 601,200,000 for KRW 100,000 for KRW 10,000 for KRW 20,000 for KRW 20,000 for KRW 20.

5. Down payment: Mancheon (60,000,000).

6. 1) The timing and method of making the first progress payment for the portion in question (30% of the start payment): KRW 180,000 per day (180,00,000): KRW 30%) the second progress payment for the portion in question (30% at the time of completion of the structural foundation): KRW 180,000 per day, KRW 30,000,000 per day ( 20%) the remainder: KRW 61,200,000 per day, the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior 20,00 won.

7. The period of warranty against defects shall be one year.

8. The rate of liquidated damages for delay: Article 27 of the terms and conditions of the contract for construction works [1] The "Defendant" shall pay to the "Plaintiff" the amount calculated by multiplying the contract deposit amount by the number of days per delay (hereinafter referred to as "compensation for delay") when the construction work has not been completed within the deadline for completion.

Provided, That where a completion inspection has been delayed due to a cause attributable to the plaintiff and where the construction has been delayed due to any of the following causes, the compensation for delay equivalent to the relevant number of days shall not be paid:

1. Cases due to force majeure events prescribed in Article 18;

2. Where the supply of important materials that can not be used as a substitute for the defendant has been delayed due to a cause attributable to the plaintiff, making it impossible to proceed with construction works;

3. Where the commencement of construction has been delayed or suspended due to a cause attributable to the plaintiff;

4. Where the Corporation is delayed due to any cause not attributable to the Defendant’s liability, Article 31 [Cancellation, etc. of Contracts by the Plaintiff] (1) “Plaintiff” shall be as follows:

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