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(영문) 수원지방법원 2017.09.29 2015가합68891
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 257,194,190 to the Plaintiff (Counterclaim Defendant) and its amount from April 25, 2015 to September 29, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 25, 2014, the Plaintiff Company and the Defendant Company (formerly, EcoBD Co., Ltd.) concluded a construction contract with the Defendant Company to newly construct two factories (hereinafter “instant factory”) with the price of KRW 1155,500,000,000,000 and the construction period from August 25, 2014 to November 24, 2014 (hereinafter “instant construction contract”).

B. Details of the main part related to this case in the contract of this case are as follows.

A contractor of a contract of construction: The contractor of the defendant company: the payment of the replacement for the work of the plaintiff company.

3. The payment of balance: The payment shall be made within 15 days after completion.

Submission of Performance Securities and Performance Agreements

2. The defective performance securities (two years for defects) equivalent to 3% of the down payment after the completion of construction work shall be submitted and any balance shall be received.

November of the standard contract for private construction works: 1/100 (1/1000 of the contract amount per day of delay per 1/1000), the project owner (hereinafter referred to as "A") and the contractor (hereinafter referred to as "B") shall cooperate with each other on an equal footing and faithfully implement the contract.

Article 23 (Compensation for Delay) (1) "B" shall pay the amount calculated by multiplying the contract price by the delayed rate for delay (hereinafter referred to as "compensation for delay") for each number of days of delay when the construction has not been completed within the deadline for completion.

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, restrictions on access for prevention of contagious diseases, or other reasons not attributable to "B".

C. The Defendant Company paid KRW 819,060,000 to the Plaintiff Company.

Plaintiff

On April 9, 2015, the Company issued the completion certificate of the instant factory to the Defendant Company.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 12 (including branch numbers; hereinafter the same shall apply) and Eul 1.

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