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(영문) 서울중앙지방법원 2016.11.09 2015가합500496
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 90,157,110 to the Plaintiff (Counterclaim Defendant) and its related amount from March 26, 2016 to November 9, 2016.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On November 30, 2009, the Defendant entered into a contract with the Plaintiff for the Civil Works for the Construction of the Nowonjin Station Transfer Routes (hereinafter “instant construction”) with respect to the construction cost of KRW 10,286,251,340 (excluding value-added tax), the construction period of KRW 28 months from December 1, 2009 to March 31, 2012, and the period of construction of KRW 1/100 (hereinafter “instant contract”).

(A) The Plaintiff was awarded the construction contract jointly with the so-called so-called the Plaintiff, the initial share of the instant contract was KRW 99.736%, and KRW 0.264%, Korea-do Corporation. Since then, the Plaintiff became a sole contractor due to the change of the contract. The main contents of the general terms of the construction contract (hereinafter “instant general terms”) included in the instant contract are as follows.

Article 23 (Adjustment of Contract Price Following Amendment to Terms and Conditions of Contract) (1) Where it is necessary to adjust the contract price due to an amendment to the terms and conditions of contract in a construction contract, such as a construction period, an amendment to transportation distance, etc., in addition to cases under Articles 20 and 22, the public official in charge of contracts shall adjust it within the extent

Article 25 (Compensation for Delay) (1) When the contractor fails to complete the construction within the deadline for completing the construction (referring to the deadline for submitting a report on completion of construction under the contract; hereinafter the same shall apply), he/she shall pay in cash the amount calculated by multiplying the rate of compensation for delay determined in the contract by the contract amount (the annual contract amount in cases of long-term continuing construction contracts) for each

(3) If a public official in charge of contracts deems that construction works fall under any of the following subparagraphs and such construction works are delayed, the number of days involved shall not be included in the number of days:

1. In case of force majeure events provided for in Article 32: 3.

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