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(영문) 서울중앙지방법원 2016.11.17 2014가합528282
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 268,146,925 to the Plaintiff (Counterclaim Defendant).

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates exhibition hall leasing business, performance and performance hall rental business, etc., and the Defendant is a company that operates civil and construction business, housing construction business, etc.

B. On or around March 31, 2010, the Plaintiff entered into a construction contract with the Defendant for cultural and assembly facilities (hereinafter “instant building”) on the land outside Jongno-gu Seoul, Jongno-gu, and four lots.

2) A new construction project (hereinafter referred to as “instant construction project”)

(2) As to the contract for construction works, the following major contents were entered into (hereinafter “instant contract”).

(i) [Standard Contract for Construction Works] Name of Construction Works: The 18-month contract amount from the date of commencement of the actual construction work for cultural and assembly facilities (Ex Officio): The completed amount of 8.8 billion won (including value-added tax): To be paid every three months (in addition tax separate, 20% of the completed amount shall be paid every three months after the date of completion of registration of initial ownership by the lender, pursuant to Article 25(2) of this Agreement;

(1) The rate of liquidated damages for delay shall not exceed 10% of the total contract amount: Provided, That the rate of liquidated damages for delay shall not exceed 10% of the total contract amount: landscape gardening construction works, supervision expenses, design expenses, taxes and public charges, entrance construction expenses, interest facilities, and TAB construction works except for artificial structures at the time of discovery of obstacles; 【Adjustment of the contract amount due to a modification of a design】 Article 19 [General Conditions of Contract for Private Construction Works] [Adjustment of the contract amount due to a modification of a design] 19 [Adjustment of the contract amount due to a modification of a design] when the contents of the design do not coincide with the state of the construction site, or when it is unclear, omitted, or erroneous, or when the installation of additional facilities is required due to a modification of the project plan. ② The contract amount shall be adjusted according to the following criteria, and if necessary, the construction period shall be extended or shortened:

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