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(영문) 서울중앙지방법원 2018.02.07 2016가합521186

손해배상

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 463,735,750 among the Plaintiff’s counterclaim and KRW 200,000,100 among the Plaintiff’s counterclaim, the Defendant (Counterclaim Defendant) shall have the effect on April 29, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 13, 2015, the Plaintiff entered into a contract for construction works related to the construction of urban-type residential housing and officetels on the ground of Kimcheon-si D, Kimcheon-si, the Plaintiff owned with the Defendant (hereinafter “instant contract”), and entered into a contract for construction works related to the construction of urban-type residential housing and officetels (hereinafter “instant construction works”), and an urban-type residential housing and officetel as “instant construction works,” and an urban-type residential housing and officetel as “instant building”).

The main contents of the instant contract are as follows.

Construction Contract Documents

5. Scale of construction: One unit of 12 stories above ground;

6. Period of construction: Amount of construction contract between August 13, 2015 and July 7, 2016, KRW 3,725,750,00 (including value-added tax), the supply value of KRW 3,500,000,000, and value of KRW 225,750,000;

8. Contract bond: 10% of the contract amount of the construction project (to be substituted for a cash deposit or a contract performance guarantee prior to the contract - to be submitted within five days after the contract is concluded);

9. Advance payment: None; 10. Performance payment: In accordance with Article 22 of the General Conditions of the Construction Contract.

11. Balance: 12. Payment of the defect repair deposit by 90 days after completion of completion inspection: 13. Liability period for defect repair in accordance with the relevant Acts and subordinate statutes (Substitution with a letter of performance guarantee for defect repair): 14. Liability period for defect repair: The rate of liquidated damages in accordance with the relevant Acts and subordinate statutes (based on the details of each official type of period): the amount of the contract for construction work, shall be the condition under which the construction site is taken over on the ongoing construction site: the contract amount shall be included in the contract amount, and the contract amount and the period of the construction work shall be included. Article 5 (Deposit for Contract; hereinafter the same shall apply) (1) B (referring to the defendant; hereinafter the same shall apply) of the General Conditions for the Contract for Construction Work shall be paid in cash, etc. before the conclusion of the contract to guarantee the performance of the contract

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

1. Certificates issued by each mutual-aid association under the Framework Act on the Construction Industry;

2. A guaranty insurance company, and a guaranty insurance company;