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(영문) 서울중앙지방법원 2017.08.24 2014가합594043
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. At the same time, the Plaintiff (Counterclaim Defendant) received KRW 50,976,036 from the Plaintiff.

Reasons

. Adjustment of the contract amount according to the details, and Article 16 (2) 3 shall apply mutatis mutandis to such cases;

Article 23 (Compensation for Delay)

1. When the Plaintiff fails to complete the construction within the deadline for completion, it shall pay to the Defendant the amount calculated by multiplying the contract price by the delayed rate for delay for each number of days of delay (hereinafter “compensation for delay”).

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, infectious diseases, restrictions on access for prevention of epidemics, or other reasons not attributable to the plaintiff.

Article 34 (Matters of Special Agreement) In addition to the matters of the General Agreement above, the following matters shall be prescribed as the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall take precedence

(1) The agreed amount at the time of completion of the construction. (3) The agreed amount at the time of the completion of the construction. (5) The remaining amount after moving in the contract; and

2. Compared estimate and execution of a building permit drawing.

3. Exclusion from civil engineering* Civil Works-Lailry Works, including various human cost.

4. Construction of heat inside the outer wall part; and

5. Matters included in the drawings on October 10 of the existing consultation drawings;

B. The Plaintiff failed to complete the construction of the instant building within the time limit for completion of the instant contract, and the approval for use was granted on August 12, 2014 for the instant building.

C. The Defendant paid the Plaintiff KRW 679,99,760 in total as construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 5, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. Although the Plaintiff’s assertion completed the construction of the instant building and delivered the completed building to the Defendant, the Defendant did not pay KRW 40,000,000 out of the construction cost, excluding value-added tax for the construction cost and value-added tax.

At the request of the defendant, the plaintiff implemented additional construction, including civil engineering and file construction, and KRW 105,490,000 (including value-added tax) for additional construction costs.

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