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(영문) 창원지방법원 통영지원 2018.08.16 2016가합10670
공사대금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation that operates a soil construction business, etc., and the Defendant, as a stock company that runs a construction business, carried out the “D New Construction Project” and “Road and Green Area Creation Project within a district unit zone” at the same time.

B. On November 28, 201, the Defendant entered into a contract between the Plaintiff and the Defendant, under which the Plaintiff entered into a contract for the said construction work, to subcontract the construction cost of KRW 7.95 billion for the said construction work (hereinafter “instant construction work”). The main contents are as follows.

1. The project owner: The name of the original contract bank: D new construction project and the road and green belt creation project within district-unit zone;

2. The name of the subcontracted project: Files, packaging, civil engineering and civil engineering works incidental thereto (a complex, road, green area, and plaza);

3. Construction site: C in the case of Gyeongnam-si.

4. Period of construction: July 30, 2013, the completion of construction, November 29, 2011.

5. Contract amount: One hundred and fifty million won ( 7,950,000 won);

6. Payment of the price: Matters of a special agreement to be referred to in the special agreement (the files, packaging, civil engineering and ancillary civil engineering works) shall take precedence over those of the special agreement, and the matters of this special agreement shall be fulfilled in good faith on the condition that both the prime contractor (hereinafter referred to as “A”) and the subcontractor (hereinafter referred to as “B”) shall be agreed upon;

7.A written waiver of construction works shall be deemed to have waived construction works when the construction is delayed for not less than three days due to a cause attributable to B and shall be submitted to A to the effect that all civil and criminal rights are not asserted in the contract.

A substitute for a written waiver of construction works shall be substituted by a written waiver of construction works.

9. The type of work to be executed naturally in the course of construction works shall be included in the term contract, where the calculation of volume is omitted, or where the volume is to be performed as a matter of course;

57.All Mela and design fences must be constructed and Mela Luxembourg designated by A.

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