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(영문) 수원지방법원 2021.01.28 2020가단513916
손해배상(기)
Text

All of the claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

(b) Costs of lawsuit;

Reasons

1. Basic facts

A. On December 12, 2016, the Plaintiff entered into a contract for the following construction works with the Defendant for the building located in the Yeongdeungpo-gu Seoul (hereinafter “instant building”) (hereinafter “the instant construction contract”). The official mission: The construction site area of the construction project, which is the outline of the construction project from January 9, 2017 to May 31, 2017, (it is changed from May 30, 2017 to July 31, 2017): 242.0 square meters contract area: 396.54 square meters in size 479.62 square meters in size - / 83.08 square meters in size: 1/35 square meters in size on the ground or in the site of the construction project for extension and remodeling:

5. Contract amount (including VT) 264,00,000 won: 198,000,000 won (large-scale repair), 66,000,000 won (construction completion and completion of construction) under the terms and conditions of the construction contract, the Defendant shall complete the contractual object within the agreed construction period and notify the Plaintiff of the scheduled date of completion of construction 30 days prior to the scheduled date of completion of construction.

2) When the construction work is completed, the Defendant must complete the approval for the use of the competent administrative agency (where approval for temporary use is completed, referring to the approval for temporary use) and notify the Plaintiff of the completion of the construction.

In such cases, the plaintiff and the defendant shall actively cooperate with the competent authority in granting approval for the use of a building.

Article 28 (Arrears and Delay of Prize Money) The plaintiff shall complete the payment of the construction price to the defendant within 10 days from the date of completion of the construction.

If the payment of the construction cost has not been completed by the same date, the interest calculated by applying the overdue interest rate applied to the general loan of commercial banks shall be paid to the number of days from the day following the payment deadline until the payment date.

2) If the Defendant fails to complete the construction within the construction period, he/she shall pay to the Plaintiff the amount calculated by multiplying the delayed rate of 0.1% for each number of days by the contract amount of the construction work (hereinafter “Late prize”).

However, the work is completed due to the plaintiff's fault.

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