채무부존재확인등
1. The Plaintiff (Counterclaim Defendant) based on the contract dated January 22, 2014 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On January 22, 2014, the Plaintiff awarded a contract to the Defendant with the construction cost of KRW 2,843,500,000 (including value-added tax) and the construction period from January 27, 2014 to October 27, 2014.
(hereinafter “instant contract”). The main contents of the said contract relating to the instant case are as follows:
Standard contract for private construction works (asses)
8. A completed amount: A claim may be made through a prescribed procedure according to the progress level of construction work.
(A) The rate of delayed payment on 12.12. 12. 1/1,00: The rate of delayed payment: 12% per annum from the day following the due date of the due date of payment to the date of the payment, Article 6(1)(b) of the General Conditions of the Standard Contract (hereafter referred to as the “Plaintiffs” in this table) may directly supervise the contract in order to ensure the proper performance of the contract, or may appoint a person who, on his behalf, performs the following matters (hereafter referred to as the “Corporation supervisor”):
1. To supervise and attend the general public in the execution of works;
2. To give instructions, approval or consultation to “B” (referred to as “Defendant” in this title) in performing the contract;
3. To be present at the inspection or examination of the materials and execution of the construction works;
4. To be present at the inspection of completed portion of a project, inspection of completion, or delivery of objects of a project;
5.The date of commencement and completion of construction work shall be the date specified in the contract (for first time) entrusted by the “A” with respect to other construction supervision.
(2) Where it is impossible to start on the date of commencement of construction without any cause attributable to B, the date of commencement of construction work of “B” shall be the date of commencement, and in such cases, “B” may request an extension of the construction
(b) Article 17 (Extension of Construction Period) (1) The grounds for responsibility for “A”, natural disasters, force majeure situations, and the supply and demand balance of raw materials.