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(영문) 부산고등법원 2020.11.26 2020나50556
공사대금
Text

Of the counterclaims against the judgment of the court of first instance, the money that orders payment under the below is equivalent to the defendant (Counterclaims).

Reasons

1. Basic facts

A. The plaintiff is a person who runs a construction business under the trade name of "E", and the defendant is a contractor who has entered into a contract for construction works with the plaintiff.

B. Conclusion of a contract between the Plaintiff and the Defendant

1. Construction name: New construction works of multi-family house C in Yangsan City;

3. Date of commencement: August 30, 2016.

4. Date scheduled for completion: December 30, 2016.

5. Contract amount: 360,000,000 won (excluding value-added tax).

6. Contract deposit: 144,00,000 won - 40% (within three days after the contract is concluded).

7. Part payments: 144,00,000 won - 40% (within three days after the completion of framework works);

8. Balance: 72,00,000 won - 20% (within seven days after completion of construction).

9. The rate of liquidated damages: 3% special; and

1. The plaintiff shall have a drawing for all multi-family houses.

3. The defendant shall directly handle design expenses, supervision expenses, construction of telecommunications by proxy, industrial accident employment expenses, water access expenses, receipt expenses of government offices, etc.

Article 30 (Compensation for Delay) (1) When the plaintiff has failed to complete the construction within the deadline for completion, the amount calculated by multiplying the contract price by the delayed rate for delay in the contract shall be paid to the defendant for each day of delay.

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 penalty for delay equivalent to the number of relevant days need not be paid:

1. Cases due to force majeure events prescribed in Article 19;

2. Where the progress of construction works becomes impossible because the supply of important materials that the plaintiff is unable to use as a substitute has been delayed due to a reason attributable to the defendant;

3. Where the commencement of construction has been delayed or suspended due to reasons attributable to the defendant;

4. Where construction has been delayed due to any other cause not attributable to the Plaintiff, the Defendant, on August 16, 2016, constructed a multi-family house on the ground C (hereinafter “instant building”) between the Plaintiff and the Defendant on the ground of Yangsan-si (hereinafter “instant construction”).

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