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(영문) 부산고등법원 2019.06.26 2018나58038
공사대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates housing construction business, building construction business, etc., and the Defendant is a company that engages in real estate development and supply business, real estate sales business, etc.

B. Conclusion, etc. of construction contract between the Plaintiff and the Defendant

1. Construction name: Construction of a new Ltel;

3. Date of commencement: January 2, 2015.

4. Date scheduled for completion: October 31, 2016 (22 months from the commencement date of works).

5. Contract amount: 11,397,908,500 won: 1/100 of the general conditions of the contract for delay:

(2) Where a increase or decrease in the construction quantity occurs due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards, and if necessary, the construction period shall be extended or shortened:

1. The unit price for the increased or decreased construction works shall be determined by mutual compromise on the basis of the unit price indicated in the calculation sheets under Article 8;

2. The unit price for a new item not included in the calculation sheet shall be the unit price determined at the time of design modification;

3. The rate specified in the calculation sheet shall apply to general management expenses and profits, etc. for increased or decreased construction works;

Article 27 (Compensation for Delay) (1) When the plaintiff fails to complete the construction within the deadline for completion, he/she shall pay to the defendant the amount calculated by multiplying the delayed prize rate in the contract by the contract price (hereinafter referred to as "compensation for delay") for each number of days.

However, where a completion inspection has been delayed due to a cause attributable to the defendant and where construction has been delayed due to any of the following causes, the number of days corresponding thereto:

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