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(영문) 서울중앙지방법원 2018.09.13 2016가합531589
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 166,450,065 to the Plaintiff (Counterclaim Defendant) and its amount from January 5, 2016 to September 13, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 12, 2015, the Plaintiff entered into the instant construction contract with the Defendant for construction remodeling and interior works on the Defendant’s Seoul Branch Building (hereinafter “instant building”) located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) (hereinafter “instant construction works”), as the construction cost of KRW 6,810,00,000 (excluding value-added tax) and the construction period from May 20, 2015 to September 5, 2015 (hereinafter “instant construction contract”). The main contents of the instant construction contract are as follows.

(A) Article 1 (No. 1) and (2) : The scope of this contract shall be based on the “Design Proposal” and “Design & Construction Design Design Specifications and Specifications,” submitted by B (the plaintiff, the same shall apply hereafter in this contract) on February 3, 2015 to the defendant (the defendant; the same shall apply hereafter in this contract) and the "Design & Construction Design Specifications" and the "Design & Construction Design Specifications, specifications, etc." shall be set aside in this contract separately.

The scope of construction works for remodeling and artificial architecture may be partially adjusted by the judgment of the Party A, and the Party B shall perform design and construction works in accordance with the policies of Party A.

Article 3 (Period of Construction) The period of construction under this Agreement shall begin on May 20, 2015 and shall be completed at the latest by September 5, 2015 (3.5 months; hereinafter referred to as “the scheduled date of completion of the instant construction”) on the date the relevant administrative agency's approval for the commencement of the construction of this Project was granted (at the latest, May 20, 2015).

The term “construction” refers to the time the completion inspection is completed by the CM/Supervision Business Operator designated by the “A” and the “A” after approval for use by the pertinent Office.

Section 4 (Amount of Construction Work) ① The form of this contract is a blanket contract. The total amount of construction work under this contract is KRW 6,810,000,000 in daily gold (with set aside an additional tax of KRW 681,00,000) and A must pay to B in accordance with the method prescribed in Article 5 of this contract.

(2) Additional.

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