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(영문) 부산지방법원 2015.06.10 2014가합43543
손해배상(기)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 271,910,500 won and the period from May 8, 2014 to June 10, 2015.

Reasons

1. Standard contract form for private construction works;

1. Corporation name: The Corporation for the new construction of the Korea-U.S. Factory; and

2. The construction site: the construction site: the area of the deceased, Jin-gu, Jin-si, Jin-do, Gyeongnam-do.

3. Date of commencement: The date scheduled for completion on July 23, 2012: the contract amount on January 22, 2013: The contract amount on January 22, 2013: the price for supply of Japanese gold three hundred and thirty hundred and three hundred and three hundred and three hundred and three hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred

③ The completion date refers to the date the Defendant completed the construction work and the Plaintiff requested a completion inspection in writing.

However, according to the provisions of Article 24, it is limited to cases of passing a completion inspection.

Article 24 [Completion Inspection] (1) The defendant shall notify the plaintiff upon completion of construction, and the plaintiff shall conduct the inspection without delay in the presence of the defendant after receiving the notification, and if the plaintiff fails to notify the result of the inspection within ten days after receiving the notification from the defendant, it shall be deemed that the plaintiff passed the inspection at the expiration of

Article 27 [Compensation for Delay] (1) When the defendant fails to complete construction works within the deadline for completion, he shall pay to the plaintiff the amount calculated by multiplying the contract amount by the rate of compensation for delay under the contract by the contract amount (hereinafter referred to as "compensation for delay").

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 is impossible to carry out construction works because the supply of important materials that the defendant is unable to use as a substitute is 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. Other responsibility of the defendant.

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