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(영문) 의정부지방법원 2018.10.23 2018가단116965
공사대금
Text

1. From September 23, 2016 to October 23, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 18,631,050 to the Defendant (Counterclaim Plaintiff) and its related amount.

Reasons

1. Basic facts

A. On July 2015, the Defendant: (a) around October 2015, the date of completion, around November 2015, and around November 2015, the date of completion; and (b) determined construction cost as KRW 156,00,000 (value-added tax separate); and (c) contracted the construction of E-owned housing to the ASEAN (D Company);

B. On December 9, 2015, the Defendant occupied the house before the scheduled completion date.

C. On May 10, 2016, the Defendant entered into a contract with the Plaintiff with the following content:

o Contract Price: 156,000,000 won (including value-added tax)

1. Total amount paid as of May 10, 201 70,650,000 won;

2. The remainder of KRW 40,000,000, out of KRW 85,350,000 shall be paid up to May 17, 2016:

3. The remainder of 45,350,000 won shall be paid within one month after completion of the completion examination.

o It concludes that construction has been delayed until now, but it is not completed by June 10, 2016.

o Additional construction costs for 5 square meters added to the first construction contract area shall be waived.

o A construction business operator shall prepare a written agreement on the performance of the building project (house) and, at the same time, faithfully implement the completion of the building project and complete the project until June 10, 2016.

o A construction business operator shall repair and replace the following matters by the date of completion of the relevant construction project:

(not including repair of defects) 1. A replacement of a suspender (the project owner shall directly determine a suspender and shall be determined in consultation with the construction business operator.

(2) 2) In the event that the construction project cannot be completed by the date of completion of the construction project by the date of the completion of the construction project, the construction project is waived in the event that the construction project operator of the 5 stairs film reconstruction project fails to complete the construction project by the date of completion of the construction project by the date of the completion of the construction project.

o A construction business operator renounces the above project and at the same time the project owner shall request the other construction business entity to provide a quotation for the finished project and deliver it to the construction business operator, and settle the balance out of KRW 43,350,000 based on the quotation of the other construction business.

o The amount of damages due to the delay of construction shall be 136,050 won per day from the date of completion to the date of completion.

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