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(영문) 의정부지방법원 2020.10.15 2020가합51303
손해배상(기)
Text

1. The Defendant’s KRW 373,180,000 and the Plaintiff’s annual rate of KRW 6% from August 27, 2020 to October 15, 2020 and the following.

Reasons

1. Indication of claim;

(a) Conclusion of standard contract for construction works;

1. Name of construction: New construction of a C neighboring/multi-family house;

2. Place of construction: Seoul Jung-gu C

3. Date of commencement: The date scheduled for completion on October 4, 2018: The contract amount on March 31, 2019: 470,000,000 won (excluding value-added tax 10%): The rate of liquidated damages for delay is stipulated in the contract as “1,000/3” but it appears that “3/1,000” is written in writing.

Article 27 (Compensation for Delay) (1) When the defendant fails to complete construction works within the deadline for completion, he/she shall pay to the plaintiff the amount calculated by multiplying the contract price by the delayed rate for delay in the contract (hereinafter referred to as "compensation for delay") for each number of delayed days.

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 number of relevant days need not be paid:

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

2. Where it becomes impossible to carry out construction works because the supply of important materials that the defendant could not use as a substitute has been delayed due to any cause attributable to the plaintiff.

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

4. On October 2, 2018, the Plaintiff was delayed due to any other cause not attributable to the Defendant’s liability. (1) On October 2, 2018, the construction work for constructing a new apartment and multi-family house (hereinafter “instant construction work”).

) A contract under which the contract is made (hereinafter referred to as “instant contract”) as follows:

(2) On December 5, 2019, the Defendant completed the instant construction and obtained approval for the use of the building newly constructed by the instant construction. The Plaintiff completed registration for the preservation of ownership on the said building on January 16, 2020.

B. As above, the Defendant’s claim for liquidated damages accrued, with the lapse of March 31, 2019, which is the deadline for completion stipulated in the instant contract.

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