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(영문) 수원지방법원성남지원 2017.12.12 2015가단204693
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 3,753,700 to the Defendant (Counterclaim Plaintiff) and against this, from April 21, 2017 to December 12, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 3, 2014, the Plaintiff entered into a contract with the Defendant for the construction of a detached house (hereinafter “instant building”) on the land outside and three parcels in the Hadong-gun, Hanam-gun, and the Seoul (hereinafter “instant building”) and the main contents thereof are as follows.

Standard contract for private construction works

1. Construction name: B detached houses and warehouses;

2. Construction site: Ha Dong-gun, Ha, Ha

3. Commencement of a construction period: May 2, 2014: July 31, 2014 (it may be extended by a long-term deadline).

4. Contract amount: Amount of KRW 86,300,000 (86,300,000): KRW 20,000,000 per day gold, Geumcheon-gu, and KRW 30,000: Deleted.

5. Advance payment: 30 million won per day; and

6. The time of completed portion and the method contract amount - 33.3% intermediate payment of the contract amount - 33.3% balance at the time the project owner has recognized the progress rate of 50% - 33.3% after completion

9. The rate of penalty for delay: The amount, including the value-added tax, shall be calculated by adjusting it by 1/100.

B. On November 2014, the Plaintiff completed the instant building and delivered it to the Defendant, and the Defendant completed the registration of initial ownership on the 20th of the same month.

C. On the other hand, around November 14, 2014, the Plaintiff prepared and delivered each of the following documents (hereinafter “each of the instant documents”) with respect to the instant construction works to the Defendant.

each owner B earer B

1. Construction name: B detached houses and warehouses;

2. Construction site: Ha Dong-gun, Ha, Ha

3. A project owner B, A, and joint and several sureties who are joint and several sureties enter into a contract for the completion of the said construction works by July 31, 2014, but they failed to perform the contract due to reasons E which are joint and several sureties A and E, which are the joint and several sureties, shall be postponed by up to August 10, 2014

8. Up to 15. Up to three lanes.

8. The period shall be extended to 26. 26.

9. Up to five lanes; and

9. Up to 12. They shall be postponed by six lanes.

9. During up to 26. 26. up to 10. 30. 7-lanes, stoves, boilers, external tents, floor electric lines, all of which are currently insufficient.

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