공사대금
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. Any counterclaim filed by this court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 23, 2015, the Plaintiff entered into a contract with the Defendant, Seongbuk-gu Seoul (hereinafter “instant site”)
3) The construction of multi-family houses and Class 2 neighborhood living facilities on the ground of the construction of the fourth floor (hereinafter “instant construction”).
(1) A contract under which the contract shall be concluded on November 19, 2015 to March 30, 2016 for the construction cost of KRW 437,200,000 (including value-added tax) and for the construction period of KRW 437,20,00 (hereinafter “instant contract”).
2) Article 27(1) of the General Conditions for the Contract to be attached to the above contract agreement provides that "the plaintiff shall pay to the defendant the amount calculated by multiplying the contract price by the rate of the liquidated damages in the contract (hereinafter referred to as " liquidated damages for delay") for each number of days without delay when the construction work is not completed within the deadline for completion," and Article 27(3) of the contract provides that "the liquidated damages calculated pursuant to the provisions of paragraphs (1) and (2) may be offset against the contract price to be paid to the plaintiff pursuant to the provisions of Article 25," and Article 39(5) of the contract provides that "the deadline for the payment of liquidated damages shall be received in a lump sum after the completion of the construction work (Provided, That it is possible to adjust after mutual consultation)."
3) Meanwhile, on May 3, 2016, the Plaintiff, the Defendant, and D who subcontracted the instant construction work from the Plaintiff, agreed to receive the completion documents by May 3, 2016, which was subsequent to the deadline for completion, and that the rate of liquidated damages shall be 1/1,000 (hereinafter “instant commitment”).
(B) No. 6 of this case’s commitment (as to the foregoing Corporation, No. 6):
5. Until 30. will accept completion documents.
When delay in construction works, 1/100 of the liquidated damages and the expenses for the director of the project owner shall be handled by the contractor (D).
on May 3, 2016: Plaintiff D (Signature): The owner of the building who signed on May 3, 2016: Defendant ( sealed):
(b) the construction of new buildings;