공사대금반환
1. The Defendant (Counterclaim Plaintiff) pays KRW 44,833,800 to the Plaintiff (Counterclaim Defendant).
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. Around July 2014, the Plaintiff entered into a contract with the Defendant on the following terms: (a) the Plaintiff entered into a contract with the Defendant on the construction of a housing site on six lots, not less than 14 m2,112 m2 (hereinafter “instant construction”).
(hereinafter “instant contract”). The standard contract for construction works
1. Name of public official: Construction works for building site in the principle of the hanok-Eup of Geumcheon-gu;
2. Place for construction: At least 14 members, a day-to-day Eup in Gangwon-do.
3. Class A public works: The parties concerned have no dispute over the fact that the above construction works are included in the contract of this case from among the works for site preparation works and the field storage of materials.
4. Period of construction: Commencement on July 2014, and completion on September 2015 (No later than 450 days in air).
5. Contract amount: 4,950,000 won (=value 4.50,00,000 won of value-added tax of 4.5 billion won of supply price = Value-added tax of 4.50,00,000 won) if the actual contract amount is a so-called business contract, the actual contract amount of which is 734,80,000 won [value-added tax of 668,000,000 won of value-added tax of 66,80,000 won);
(a) 10% of the down payment shall be paid after concluding a contract;
(b)provide 100% of the completed portion in cash after the Initial Examination, if necessary;
(c)To pay 100% in cash within 15 days after completion inspections.
9. Rate of liquidated damages: The contractor (hereinafter referred to as the "Plaintiff") and the contractor (the defendant; hereinafter referred to as the "Defendant B") shall cooperate with each other on an equal footing and faithfully perform the contract in accordance with good faith.
Article 27 (Compensation for Delay) (1) When the construction is not completed within the deadline for completion, "B" shall pay the amount (hereinafter referred to as "compensation for delay") calculated by multiplying the contract price by the rate of the compensation for delay in the contract by the number of days of delay.
Provided, That the construction work shall be conducted in any of the following cases where the completion inspection has been delayed due to a cause attributable to A: