logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.07.21 2015가합3697
손해배상(기)
Text

1. As to the real estate indicated in the attachment between the Plaintiff (Counterclaim Defendant) and the Defendant B, Defendant B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 22, 2014, the Plaintiff entered into a contract with the Defendant Company under the following terms: (a) the Plaintiff contracted the instant construction work with the Defendant Company for the construction of the Saemaul Depository Center (hereinafter “instant construction”).

Details of the Corporation

1. Official residence: New construction works of a community center of the A Saemaul Bank;

2. The construction place: Lering-gun C, and one parcel other than the one; and

3. Contract amount: 959,000,000 won (including value-added tax); and

4. Construction period: The rate of liquidated damages for delay from July 22, 2014 to December 25, 2014: 0.3% in the contract of the instant construction project, stating that the rate of liquidated damages for delay is 0.03% in the contract of the instant construction project, but it appears to be a clerical error.

Article 19 (Adjustment of Contract Amount due to Modification of Design) (1) When the contents of a design do not coincide with the state of the construction site, is unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction works, or when the installation of additional facilities is required due to the modification of a project plan, etc., the plaintiff shall modify the design.

(2) Where there occurs an increase or decrease in the volume of construction due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards, and if necessary, the construction period shall

1. The unit price for the increased or decreased construction works shall be determined through mutual consultation on the basis of the unit price indicated in the calculation sheets under Article 8;

2. The unit price for a new item not included in the calculation sheet shall be the unit price calculated at the time of design modification;

3. The rate specified in the calculation sheet shall apply to general management expenses and profits, etc. for increased or decreased construction works;

Article 27 [Compensation for Delay] (1) When the Defendant Company fails to complete the construction within the deadline for completion, it shall pay to the Plaintiff the amount calculated by multiplying the contract price by the rate for liquidated damages in the contract (hereinafter referred to as "compensation for delay") for each number of days.

However, the following cases shall apply where a completion inspection has been delayed due to a cause attributable to the plaintiff:

arrow