손해배상 등
1. The Defendant (Counterclaim Plaintiff) paid KRW 93,914,733 to the Plaintiff (Counterclaim Defendant) and its related amount from January 11, 2014 to January 13, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
On February 27, 2012, the Plaintiff entered into a contract with the Defendant on February 28, 2012 with respect to “the phase prior to the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior works and office fixtures works,” with respect to “the phase prior to the commencement of the construction works during the construction of the C neighborhood living facilities, multi-family houses, and the construction of a detached building” (in cases of a single house, February 27, 2012), on August 31, 2012 (six months from the date of commencement of the construction works), on August 31, 2012 (i) the total contract amount of KRW 3,520,000,000, multi-family houses, KRW 594,000,000, KRW 506,000,000, and KRW 10/1,000,00 of the contract documents related to the construction works” (hereinafter the same).
[General Conditions] Article 9 (Period of Construction Work) (1) The date of commencement and completion of construction work shall be the date specified in the contract.
(2) Where it is impossible to start the commencement date of construction without any cause attributable to the defendant, the commencement date of construction shall be the date of commencement, and in such cases, the defendant may request an extension thereof
(3) The date of completion refers to the date the defendant completed construction works, obtains approval for completion from the relevant government office, and requests the plaintiff to undergo a completion inspection in writing.
Only when a completion inspection has been passed pursuant to Article 24.
Article 16 (Extension of Construction Period) (1) Where the performance of construction works is delayed due to a cause not attributable to the defendant, such as a natural disaster or force majeure, situation beyond control, imbalance in supply and demand of raw materials, etc., the defendant may request the plaintiff to extend the construction period in writing.
Article 19 (Adjustment of Contract Amount Due to Modification of Design) (1) The contents of the design do not coincide with the condition of the construction site, or are unclear, omitted, or erroneous.