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(영문) 춘천지방법원 2015.07.15 2013가합2863
손해배상(기)
Text

1. The Defendant’s KRW 25,364,598 as well as the Plaintiff’s annual rate from February 7, 2013 to July 15, 2015.

Reasons

1. Basic facts

A. On November 13, 2009, the Plaintiff entered into a contract with the Defendant for new construction works of Taecheon-do Office of Road Management (hereinafter “the instant primary construction contract”) with the following content: (a) the Plaintiff entered into a contract for new construction works of Taecheon-do Office of Road Management (hereinafter “the instant primary construction contract”); and (b) including the modified content as described below (b).

Contract amount: 1,872,402,00 won on the date of commencement: November 19, 2009: The rate of liquidated damages on November 8, 201: 0.1% of the contract amount per each number of days of delay.

B. Since then, the instant construction contract was modified on four occasions as follows.

- Work price of KRW 2,322,521,00 on July 18, 201, the amended date of the contract - Work Period of KRW 2,322,521,00 on November 19, 2009 - December 8, 2011 - Work Price of KRW 2,337,385,00 on December 31, 201 - Work Price of KRW 320 on April 4, 2012 - Work Period of April 19, 2009 - Work Period of April 13, 201 - Work Period of April 13, 2011 - Work Period of April 13, 2010 on April 19, 2012

On April 6, 2012, the Defendant requested the Plaintiff to extend the deadline for completion on the grounds of the restriction on the promotion of construction due to frequent rain, the restriction on access road construction due to the installation of access road, and the restriction on the trial operation of various facilities due to the non-explosion of electricity.

The Plaintiff, after having caused the instant A to examine the said request, determined that only the grounds for restrictions on the promotion of construction works due to frequent rain are justifiable, and the Plaintiff’s above-mentioned on April 13, 2010.

As shown in the table No. 4, the construction period was extended by 40 days.

E. On July 31, 2012, the date of completion of the agreement, the Defendant completed the completion of the construction work around July 31, 2012, and at the time, the amount of the warranty bond for the instant construction work was KRW 70,122,00 and the unpaid construction cost was KRW 74,208,000.

F. On November 2012, the Plaintiff remains unpaid after deducting KRW 70,122,00 from KRW 165,954,330 (2,37,385,000 x 0.1% x 71% x 70,000 for delay compensation incurred due to the delay in total of 71 days for the completion of the instant construction work from the Defendant at the end of November 2012.

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