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(영문) 대구지방법원 서부지원 2018.07.11 2015가단15027
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 125,249,423 against the Defendant (Counterclaim Plaintiff) and its related amount, from August 31, 2016 to July 11, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Standard subcontract agreement for basic construction works;

1. The name of the prime contractor: E-construction;

2. The name of subcontracted project: Out-of-door project from among E projects;

4. Period of construction: The contract amount on February 25, 2015: 354,200,000 won (including value-added tax) - Value-added tax: 322,00,000 won: Value-added tax: 32,200,000 won: 32,200,000 won: 11.0% of the contract amount: Article 24 (Performance Delay) of the Standard Subcontract for Construction Business (1) (1) If a B fails to complete the construction within the time limit for construction as specified in the contract, the amount calculated by multiplying the rate of liquidated damages specified in the contract amount by the number of delayed days (hereinafter referred to as "compensation for delay") shall be paid to A;

(3) Where construction works are deemed delayed due to any of the following causes, the number of days equivalent to the relevant days shall not be included in the number of delayed days:

3. Where the commencement of construction has been delayed or suspended due to causes attributable to Party A;

6. Where delay is caused by any other cause not attributable to B’s liability. (4) A may deduct the liquidated damages referred to in paragraph (1) from the construction expenses or other deposits to be paid to him.

On January 19, 2015, the Plaintiff entered into a subcontract for the instant construction contract (hereinafter “instant construction contract”) with the Defendant with respect to the outer construction works among the new construction works of Ulsan-gun C (hereinafter “instant factory”) located in Ulsan-gun (hereinafter “instant factory”) and completed the instant construction works.

The main contents of the instant construction contract are as follows.

B. However, while performing the instant construction, the Plaintiff performed the construction in a proper manner in accordance with the contract and design drawings, but performed the construction without any construction, erroneous construction, or defective construction as shown in the attached Form (hereinafter “each of the instant defects”) and resulting in any trouble in the function, aesthetic view, and safety of the instant factory.

C. Meanwhile, the Defendant from January 2015 to June 2015.

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