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(영문) 서울중앙지방법원 2018.06.18 2017가합508753

공사대금

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counter-Defendant) is entitled to KRW 90,950,068 against the Defendant-Counterclaim Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) The Plaintiff entered into a contract for construction work, etc.) On the ground of the land outside 16-4 and 1 lots of land where the Defendant ordered the construction work (hereinafter collectively referred to as the “building of this case”).

2) A new construction project (hereinafter referred to as “instant construction project”)

2) The original Tech Co., Ltd. (hereinafter referred to as “original Tech”) shall be set up in order to perform the construction work upon contract.

(3) The contract price for the construction work shall be paid by adding the interest calculated by applying the rate of 4.5% per annum to the number of days from the date following the due date of payment to the due date of the completion of the construction work to the date of completion of the construction work: the 12-month warranty period from the due date of the commencement date: the 12-month warranty period from the due date of the commencement date: the due date of the contract for the construction work under the Framework Act on the Construction Industry. Article 9 (Period of the Contract for the Construction Work) (3) the due date of the completion date of the construction work shall be the date the defendant completed the construction work and requests the plaintiff to undergo a completion inspection in writing: Provided, That Article 24 (Payment of Completion) shall be limited to the case where the building in this case has passed the completion inspection under Article 24. (2) The defendant shall pay the due date to the plaintiff within one month after delivery of the building in this case.

Provided, That where a completion inspection has been delayed due to a cause attributable to the plaintiff and where the construction has been delayed due to any of the following causes, the compensation for delay corresponding to the relevant number of days shall not be paid: