beta
(영문) 대구지방법원 2019.12.12 2018나312426

공사대금

Text

1. The judgment of the first instance, including the claim of the Defendant-Counterclaim Intervenor (Counterclaim Intervenor) who participated in the trial at the trial, is as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Standard subcontract agreement for basic construction works;

1. The name of the prime contractor: E works;

2. The name of subcontracted project: Out-of-door projects among E projects;

4. Construction period: The contract amount on February 2, 2015, which ends on February 5, 2015,: 354,200,000 won (including value-added tax): Value-added tax of 322,00,000 won: 32,200,000 won construction records - (1, 2, 3, 4 Dong) printing teams, and all Changho Construction Works - shall be executed in accordance with the drawings and details.

-Submission of documents necessary for completion;

7. Items and quantities of paid materials: Attached to attached Table 11. 1. Specificly: 0.1% of the contract amount: Article 3 (Construction, etc. of Construction Works; hereinafter the same shall apply) (1) B (including construction specifications, design drawings and site descriptions, etc.; hereinafter the same shall apply) of the standard subcontract for construction works shall be executed in accordance with the terms and conditions of this contract and design documents (including construction specifications, design drawings and site descriptions: Provided, That in cases of the total unit price contract, the forms, including calculation sheets, shall be governed by the Rules on

Article 11 (Inspection of Construction Materials) (1) The materials to be used for the Corporation shall be new materials, and their quality, name, etc. shall comply with the design documents.

However, if the quality, name, etc. of a design is not clearly identified in the design, it shall be the most appropriate material to achieve the purpose of the contract as a standard material or material equivalent to the standard product.

Article 24 (Performance Delay) (1) If a construction work has not been completed within the time limit for completion as set forth in this contract, the amount calculated by multiplying the contract amount by the rate of the liquidated damages set forth in the contract and the number of delayed days (hereinafter referred to as "compensation for delay") shall be paid to A (the defendant is referred to as "the defendant"

(3) Where construction works are deemed delayed due to any of the following causes, the number of days equivalent to the relevant days shall not be included in the number of delayed days:

3. Where the commencement of construction has been delayed or suspended due to causes attributable to Party A;

6. Other reasons not belonging to the B shall be delayed.