손해배상청구 등
1. The Defendant (Counterclaim Plaintiff) KRW 4,924,714,299 against the Plaintiff (Counterclaim Defendant) and its related thereto from October 29, 2013 to November 29, 2013.
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. On September 15, 2010, the Plaintiff entered into a contract with the Defendant for a public golf course (hereinafter “instant golf course”) with the Defendant on September 15, 2010.
1) The construction of the 18 holes and other ancillary facilities (hereinafter “instant construction”).
(i)in respect of the construction cost of KRW 28,00,000,000 (excluding value-added tax; hereinafter the same shall apply), the value-added tax shall not be included;
(2) As to the construction contract during the construction period from September 27, 2010 to October 31, 2011 (hereinafter “instant contract”).
(2) After September 14, 201, the Plaintiff and the Defendant agreed to directly place an order for outdoor telecommunications construction work equivalent to KRW 1.5 billion among the instant construction works, and reduced the said construction cost to KRW 26,50,000 (value-added tax separately).
3) General terms and conditions under the instant contract agreement (hereinafter “instant general terms and conditions”)
Article 14 (Extension of Construction Period) (1) In the event that the performance of construction works is delayed due to reasons not attributable to the defendant, such as a cause attributable to the plaintiff, natural disaster, force majeure situation, imbalance in raw materials supply and demand, etc., the defendant may request in writing the plaintiff to extend the construction period. (2) In the event that the plaintiff makes a request for extension of the contract period under paragraph (1), he shall promptly investigate the fact, confirm the fact, and take necessary measures, such as extension of the contract period so that the construction works can be appropriately performed. (3) In the event that the construction period is extended under paragraph (1), additional expenses, such as site management expenses, etc., shall be adjusted in accordance with Article 20. (4) If the plaintiff approves extension of the contract period under paragraph (1), he/she shall not be granted compensation for delay for the extension.