beta
(영문) 수원지방법원 2017.12.27 2017나55763

손해배상(건)

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 29,960,070 and also the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 5, 2014, the Plaintiff entered into the instant contract with the Defendant, setting the contract amount of KRW 550 million as the contract amount, August 6, 2014, and December 15, 2014, regarding the construction of the downtown-type residential housing (hereinafter “instant housing”) on the land outside Suwon-gu, Suwon-gu, Suwon-gu, and one parcel on the ground (hereinafter “instant housing”) as the date of commencement, and entered into the instant contract with the Defendant with the content that the Defendant performs the instant construction, and the main contents of the said contract are as follows.

The plaintiff who ordered the work shall be referred to as "A" and the contractor shall be referred to as "B".

1. Contract bond: 5,00,000 won as a contract bond and substituted by a contract execution bond;

2. Prepaid money: 80,000,000 won;

3. A completed amount: At least once a month.

4. Two years after the completion of construction of the warranty period by type of work (in cases of a multi-functional construction type, classification by type of work), the warranty rate by contract amount by type of work, and the warranty period by 50,000,000 won (3) per annum;

5. Rate of penalty for delay: Documents to be attached 1/1000:

1. Terms and conditions of a contract for private construction works;

2. One copy of the special conditions of the construction contract;

3. Documents attached to a list of major horse supervision;

1. When a civil petition is filed, the contractor’s civil petition (noises, dusts, vibrations, etc.) arising from the construction work shall be settled by the contractor, and the contractor’s civil petition arising from the authorization and permission shall be resolved by the contractor Party A;

2. The closing level shall be determined by drawing standards, and changes shall be recognized only when A approves, and increases or decreases in construction costs shall not be admitted.

Provided, That in the case of external stone works, part of the changes shall be recognized, and the advance admission limit shall be approved by Gap.

3. Main materials shall be constructed in a studio of finishes attached to a contract and shall be approved by A after the removal of a sample pool before construction;

4. The cost of removal shall be included in the terms of the contract, and the report of the destruction of the building after the removal shall become a book.

5. The advance payment of KRW 80,000,000 shall be paid within 15 days after the report on the destruction of a building, and a sum of KRW 1 through 1.5 billion of the remainder of the construction costs shall be the rental deposit after completion.