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(영문) 전주지방법원 2019.02.22 2017가단9024

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 19,551,749 to the Plaintiff (Counterclaim Defendant).

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 28, 2016, the Plaintiff entered into a contract with the Defendant on May 30, 2016 (the date of commencement) to October 30, 2016 (the scheduled date of completion), the construction cost of KRW 350,000 ( separate tax), the construction cost of KRW 100,000 out of the construction cost as advance payment, the completed payment of KRW 150,000,00,000 among the construction cost, and the remainder of KRW 100,000,000,000 from the completion of the construction, and the contract for delayed payment of KRW 1/100,000 after completion of the construction work (hereinafter “instant contract”).

B. The main contents of the instant contract are as follows.

(2) Electric power and acquisition by transfer shall be borne by the contractor.

(4) Expenses incurred in relation to construction works in accordance with a design shall be adjusted accordingly.

(6) When constructing a building, the finishing of the stairs of the second floor and the stairs of the second floor shall be completed again after completion.

(7) The Corporation shall include the estimated amount of urban gas from the contract amount.

(b)Article 9 (Period of Construction) of the General Conditions. (1) The date of commencement and completion of construction shall be the date specified in the contract.

(2) Where it is impossible to start the date of commencement of construction without any cause attributable to the plaintiff, the date of commencement shall be the date of commencement, and the plaintiff may request an extension of the construction period.

(3) The date of completion means the date the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 10 (Advance Payment) (1) The defendant shall pay the advance payment to the plaintiff as stipulated in the contract.

(Ma) Article 16 (Extension of Period of Construction) (1) The defendant's responsible cause is considerably difficult to perform the contract due to natural disasters, force majeure situations, imbalance in supply and demand of raw materials, etc., and the plaintiff shall extend the period in writing to the defendant.