손해배상(기)
1. As to KRW 847,445,855 among the Plaintiff (Counterclaim Defendant) and its KRW 41,261,150 among the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) on August 22, 2012.
1. The primary facts and counterclaims shall also be deemed to exist.
A. On August 21, 2007, the Plaintiff entered into the instant contract with the Defendant on a fixed construction period for the construction of soil and soil-to-land (hereinafter “instant construction”) from September 15, 2007 to July 15, 2008, and the construction amount of construction amount of KRW 2,510,200,000 (including value-added tax) (hereinafter “instant contract”). The main contents of the contract are as follows.
[Written Contract for Earth Construction Works]
6. Payment of the price;
(b) Execution (1) of the completed portion at the end of the month following the end of the month of the claim (i.e., the method of payment that can be changed according to the circumstances of the defendant): 0% in cash, bills 100% in bills (three months bills); 11. The rate of liquidated damages: the number of days delayed x contract amount x (3/100) 】 (Special Conditions for Land and
1. The plaintiff shall perform the construction work in accordance with the terms and conditions of this contract, design documents (i.e., special terms and conditions of the contract, (ii) site descriptions, (iii) design drawings and specifications, and (iv) standard specifications; and
Article 11 (Change or Suspension of Construction Work) (1) When the contents of construction work are modified or added at the request of the project owner or his design change, etc. or when the construction work for all or part of the construction work is temporarily suspended, the defendant shall deliver in advance
B. (1) Around September 15, 2007, the Plaintiff commenced the instant construction work. On November 13, 2008, the Plaintiff transferred the instant construction site to the Defendant and accepted the instant construction site on the said site after completing most of the process except for the partial process, such as the destruction of the base base for stone, etc.) around November 13, 2008. (2) From October 31, 2007 to April 8, 201, the Defendant paid the Plaintiff KRW 2.247 million in total as the construction cost of the instant case over 13 occasions between the Plaintiff and the period from April 31, 2011. Of that, the Plaintiff received a claim from the Plaintiff for payment on September 30, 2011, the amount of the final construction cost of KRW 94.6 million from that date. < Amended by Presidential Decree No. 23356, Apr. 8, 2011>