지체상금
1. Defendant (Counterclaim Plaintiff) C Co., Ltd.: (a) KRW 400,331,130 and its amount on February 1, 2013 to Plaintiff (Counterclaim Defendant) Co., Ltd.
1. Determination as to the principal lawsuit and counterclaim between the Plaintiff Company and the Defendant Company
A. (1) On September 27, 201, the Plaintiff Company entered into a building design service contract (hereinafter “instant contract”) with the Defendant Company for the purpose of newly constructing a “F” building, which is a large retailer, in the Gyeonggi-gu Eth (hereinafter “instant site”) on September 27, 201.
1. Name of the building: Construction of new E sales facilities and design services;
2. Design content: 1) Site area: For the purpose of use 8,074.40 square meters: 3): Number of floors below ground, 2 stories below ground and 3 stories above ground: Total floor area of 5 square meters below 3,400 square meters: 16,550 square meters below ground;
3. Contract area: 16,550 square meters.
4. Contract amount: Article 2 (Separate Contract Area and Period), Article 50,000,000 (Value-Added Tax) (1) of the Contract Area [B]
hereinafter the same shall apply.
(2) The design and permission period: Article 3 (Scope of Contracts) ① Construction Authorization, Permission, and Approval for Use from September 21, 201 to December 10, 201. < Amended by Presidential Decree No. 2328, Sep. 21, 2011> (2) Construction-related design (construction, construction, electricity, fire-fighting, communications, civil engineering, purification, etc.) (3) Development-related design, farmland consultation, mountainous district consultation, approval for the substantial restoration, and completion of construction authorization and permission. (4) A project owner’s vicarious execution of duties necessary for construction authorization and permission (referring to the Plaintiff company; hereinafter the same shall apply) (2) Where the contract area increases or decreases by at least five percent due to changes in materials and methods of construction, etc., and where the scope of payment increases by at least ten percent, “A” shall be adjusted to “B”.
(3) Where the area of the contract is increased or decreased by at least five percent due to the cause of "B", "B" shall settle the relevant amount to "A".
Article 9 (Transfer, Revision, etc. of Contracts) When the design business is revised or there are reasonable grounds for the extension of the contract period due to the occurrence of force majeure, such as the change of planning, amendment and repeal of the relevant Acts and subordinate statutes, natural disasters, etc., "A" and "B" may modify the contents of the contract in consultation with each other.