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(영문) 대구지방법원 2015.07.24 2013가단63506

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 22,133,070 to the Plaintiff (Counterclaim Defendant) and its related amount from December 7, 2013 to July 24, 2015.

Reasons

1. Determination on the main claim

A. On February 6, 2013, the Plaintiff entered into a contract with the Defendant for the construction of a new house on the ground B (hereinafter “instant new house construction work”, and the completed house “instant house”) under the following terms (hereinafter “instant contract”).

The main terms and conditions of the contract (hereinafter “instant contract”) and the general terms and conditions of the contract (hereinafter “general terms and conditions of the instant contract”) among the contract-related documents constituting the terms and conditions of the instant contract are as follows:

(hereinafter referred to as “A” means the defendant, and “B” refers to the plaintiff, as the standard contract for private construction works.

1. Construction name: Construction work of new C detached houses in an industrial complex; and

2. The construction site: Gyeongsan-si, Gyeongbuk-do.

3. Date of commencement: 143,00,000 won for the total contract amount on June 5, 2013: 143,000,000 won;

6. Advance: 45,000,000 won; and

7. Progressed amount: 60,000,000 won.

8. Balance: 38,00,000 won; 11. The rate of liquidated damages: 1/100 as the general terms and conditions of the standard contract for private construction works. < Amended by Presidential Decree No. 16924, Jan. 1, 190>

(2) Any notification document, etc. between parties to a contract under the conditions as prescribed by this condition shall have the effect as a contract document.

Article 16 (Extension of Construction Period) (1) Where the execution of construction is delayed due to any cause not attributable to A, such as natural disaster, force majeure situation, imbalance in the supply and demand of raw materials, etc., which is considerably difficult to perform due to a cause not attributable to B, “B” may request “A” to extend the construction period in writing.

(2) The term "A" means a request for extension of the contract term under paragraph (1).