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(영문) 서울중앙지방법원 2017.12.07 2015가합506364
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 322,189,000 to the Defendant (Counterclaim Plaintiff) and its related amount from October 12, 2016 to December 7, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. A. On February 4, 2013, the Defendant awarded a contract for the new construction of the Capital Market Corporation (hereinafter “DF”) located in B (hereinafter “DF”) to DF Construction Co., Ltd. (hereinafter “DF”), and on February 4, 2013, DFF subcontracted the Plaintiff with all of the machinery and equipment works (including fire-fighting equipment works), main water supply and drainage works, gas pipeline works, and other construction works (hereinafter “instant construction works”) among the aforementioned construction works.

B. During the process of performing a construction project for the construction project for the New Holdings, the construction project was discontinued due to aggravation of the management situation, and on October 31, 2013, the Defendant directly contracted the instant construction project to the Plaintiff, a subcontractor of DNA Construction, at the cost of construction 1,140,500,000 (including value-added tax) of the instant construction project, from October 31, 2013 to December 15, 2013; and the rate of liquidated damages 3/1,000.

(hereinafter “instant construction contract”). Of the instant construction contract, the parts relating to this case are as follows.

Article 3 (Construction Supervisor) (1) The defendant may appoint a person who performs the following (hereinafter referred to as "Construction Supervisor") on his/her behalf:

1. Supervising and attending the general construction work;

2. To be present in the inspection or examination of the materials and construction works of the Corporation;

3. To be present at the inspection of completed portion of a project, inspection of completion, or delivery of objects of a project;

4. In other cases where the progress of construction works is delayed due to reasons not attributable to the Plaintiff, such as natural disasters or force majeure events, which are entrusted by the Defendant with respect to construction supervision, the Plaintiff may request the Defendant to extend the construction period.

Article 13 (Non-conforming Construction Works) (1) When there are parts inappropriate for design documents during the construction works executed by the plaintiff, the defendant may request correction thereof, and the plaintiff shall comply with such request without delay.

Article 22 (Compensation for Delay) (1) The plaintiff shall be in the contract.

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