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(영문) 제주지방법원 2016.02.18 2013가합2906
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 493,682,034 to the Plaintiff (Counterclaim Defendant) and its related amount from October 12, 2013 to February 18, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. On March 6, 2011, the Plaintiff, from the Defendant, to Jeju-si University, set the construction period of the part of the construction work for the Defendant’s industry-academic cooperation center building (hereinafter “instant building”) (hereinafter “instant construction work”) from March 21, 2011 to January 28, 2013, as the construction amount of KRW 12,915,00,000 (including value added tax) on the site of 38 sites for the construction of the Defendant’s industry-academic cooperation center building (hereinafter “instant building”).

(hereinafter referred to as the “instant contract”). B.

The Plaintiff continued to request the Defendant to conclude a modified contract regarding the instant construction agreement, due to the delay in construction works for civil engineering species during the process of the instant construction works, the delay in construction works for the Plaintiff, the increase in construction costs, etc.

Accordingly, the Plaintiff and the Defendant agreed to extend the construction period on June 2012 by May 28, 2013.

C. Accordingly, on June 12, 2013, the Defendant entered into the instant contract with the Plaintiff with the main content of extension of the construction period and increase of the construction cost (hereinafter “instant amendment contract”). The main content is as follows.

The completed amount of 14,409,000,000 won (including additional taxes): The rate of liquidated damages once a month: Article 17 (Extension of Work Period) of the General Conditions for 3/100 of the Contract Price: (1) Where the performance of works is delayed due to reasons not attributable to the defendant, such as natural disasters, force majeure situations, imbalance in supply and demand of raw materials, etc., or where it is considerably difficult for the plaintiff to perform the works due to reasons not attributable to the plaintiff, such as where the performance of the works is delayed due to reasons not attributable to him or her, etc.

(2) Where there is a request for extension of the contract period under paragraph (1), the defendant shall investigate and confirm such fact immediately and ensure that the Corporation properly performs it.

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