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(영문) 서울중앙지방법원 2015.08.19 2012가합507878

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 485,825,750 to the Plaintiff (Counterclaim Defendant) and its amount from September 9, 201 to August 19, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff paid the Defendant a statement of the total construction cost at KRW 1,304,196,60 labor cost at KRW 169,525,260,266,861,861, general management cost at KRW 123,138,509 - (general management cost for labor expenses) x (general management cost for labor expenses) x 4,390,000,000 value at KRW 4,829,00,000 per contract amount at KRW 10 percent per 4,829,00,000,000 as indicated in the following table, and then paid the Defendant a statement of the construction cost at KRW 4,829,00,000,000,000 to KRW 4,829,000,000,000 as indicated in the following table, following consultation on construction cost, and thereafter, Defendant building B and Nonparty 1, 2008 (hereinafter referred to as “Defendant”).

(2) Of the new construction works, the construction of the structural frame of the third floor above ground from the seventh to the third floor above ground (hereinafter referred to as “instant construction”).

A) A contract under which the contract for construction cost of KRW 4.5 billion was concluded between August 1, 2008 and August 31, 2009 (hereinafter “instant contract”) (hereinafter “instant contract”).

2) Of the special agreement for construction incorporated into the instant contract (hereinafter referred to as the “instant special agreement for construction”) and the general terms (hereinafter referred to as the “instant general terms”) the contents relating to the instant case are as follows.

Construction Special Agreement

2. Construction cost: Application filed for within five days from the date on which concrete is demolished each floor (payment shall be made ten percent of the contract amount).

3. “Plaintiffs” shall be dismantled on the responsibility of “A” for facilities using soil so as not to impede the structural construction and process performed by “A”.

(B) A shall be notified three days before the date of dissolution, and A shall be removed for not more than three days.

4. Where the air has been delayed due to any cause not attributable to B, A shall pay A fees for the use of additional temporary materials for frush;

Provided, That this shall not apply where A is not responsible.

5.The periods of concrete life shall be in accordance with the following criteria:

If the daily average temperature of concrete production is at least 15 degrees, it shall be at least 10 degrees per day, if it is at least 5 degrees per day, it shall be based on 9 days if it is at least 5 degrees per day.