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(영문) 수원지방법원안양지원 2015.11.26 2014가합100547
공사대금
Text

1. As to KRW 235,585,946 and KRW 199,639,938 among the Plaintiff, the Defendant shall be from November 27, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On November 23, 2012, the Defendant obtained permission from the head of Suwon-si, the head of the Gu with respect to the construction of multi-family housing with a total floor area of 890.709 square meters (22 studio in part of urban residential housing, Defendant 1, etc., with a total of 23 households, such as a total of 803.9061 square meters, and part of neighborhood living facilities, 86.7948 square meters) on the ground B in Suwon-gu,

B. On December 28, 2012, the Defendant received a written estimate (Evidence A 1-2) from the Plaintiff for construction with the construction amount of KRW 114.5 million, and entered into a construction contract for the construction of the said apartment (hereinafter “instant contract”) with the Plaintiff on January 3, 2013, setting the following terms between the Plaintiff and the Plaintiff.

- The cost of construction: 110 million won (excluding value-added tax exemption; hereinafter the same shall apply) and the construction period: From December 28, 2012 to July 31, 2013: 200 million won: Aggregate construction (electric and facility construction) and occasional settlement shall be made within five hundred million won.

The rate of liquidated damages for delay: The interest rate for delay in payment of 1/1,00 and 1/1,000: Extension of the construction period (Article 16): (1) Where the performance of construction is delayed due to a cause not attributable to the plaintiff, such as a cause not attributable to the defendant, natural disaster, force majeure situation, imbalance in the supply and demand of raw materials, etc., or where it is substantially difficult to perform the construction due to a cause not attributable

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

(4) Where the defendant has approved an extension of the contract period under paragraph (1), he/she shall not impose penalty for delay on the same extension.

- Adjustment of the contract amount due to the modification of a design (Article 19): When the installation of additional facilities is required due to the modification of a project plan, etc., the defendant shall modify the design and thereby make it possible.

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