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(영문) 부산지방법원 2020.07.14 2018가단317177
부당이득금
Text

1. The Defendant’s KRW 118,021,187 as well as 6% per annum from August 8, 2019 to July 14, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company with the purpose of meat processing business, etc., and the Defendant is a stock company with the purpose of construction work.

B. On July 10, 2017, the Plaintiff entered into a contract with the Defendant by setting the construction cost of KRW 627,00,000 (including value-added tax), July 10, 2017, the date of commencement, the date of completion, December 10, 2017, and the rate of liquidated damages for delay as 0.1% of the construction cost per day.

Then, the Plaintiff and the Defendant asserted that, on February 9, 2018, the completion date of construction around December 2017, the Plaintiff and the Defendant were extended to February 9, 2018 by deceiving the Plaintiff and extending the construction period to February 9, 2018. As such, the Plaintiff asserted that the said extension period extension agreement was revoked based on the Defendant’s deception. However, there is no evidence to acknowledge the Plaintiff’s assertion.

extended to the Corporation.

(hereinafter the above construction is referred to as the “instant construction,” and the said contract is referred to as the “instant contract”). The relevant terms and conditions of the instant contract are as follows.

Article 30 (Compensation for Delay) (1) When the contractor fails to complete the construction within the deadline for completion of the contract of this case, he/she shall pay to the contractor the amount calculated by multiplying the contract price by the delayed rate for delay in the contract for each number of days.

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

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

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

4. Where construction has been delayed due to reasons not attributable to the contractor's liability, the contractor may cancel or terminate the contract in whole or in part where it falls under any of the following subparagraphs:

2. The contractor;

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