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(영문) 제주지방법원 2015.04.02 2013가합3381
공사대금
Text

1. The Defendant’s KRW 24,162,50 for the Plaintiff and KRW 5% per annum from December 12, 2013 to April 2, 2015.

Reasons

1. Basic facts

A. On December 3, 2012, the Plaintiff entered into a contract with the Defendant for the extension of the multi-family house C on the ground (hereinafter “instant construction”). The main contents are as follows.

1. Construction name: Extension works for multi-family house C;

2. Location of housing site: C.

3. Commencement of a construction period: 300,000,000 won on March 31, 2013;

5. Timing and method of payment of completed portion: 20,00,000 won for the first down payment, 30,000,000 won for the second type of mold material, 50,000,000 won for the third heading work, 50,000 won for the fourth heading work, and six months after the remainder is completed.

8. The rate of liquidated damages: The State Contracts Act shall apply.

Article 12 (Completion Inspection) (1) The plaintiff shall notify the defendant of the completion of construction, and the defendant shall conduct the inspection without delay in the presence of the plaintiff after receipt of notification.

(2) When the plaintiff fails to pass the inspection under paragraph (1), he/she shall repair or remodel it without delay and undergo the inspection again.

(3) The plaintiff may, when he/she has an objection to the result of the inspection, request a reinspection, and the defendant shall comply therewith.

Article 13 (Compensation for Delay) When the plaintiff fails to complete the construction within the deadline for completion, he/she shall pay to the defendant an amount calculated by multiplying the contract price by the delayed rate for each number of days.

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, infectious diseases, restrictions on access for prevention of epidemics, or other reasons not attributable to the plaintiff.

B. The Defendant obtained approval for use of the completed building on June 20, 2013 (hereinafter “instant building”).

C. From April 25, 2013 to August 30, 2013, the Defendant paid the Plaintiff KRW 68,000,000 as the instant construction cost.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 5, 6, 7, 22, 23 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff determined the cause of the claim pursuant to the instant construction contract.

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