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(영문) 광주지방법원 2017.02.10 2015가합3602
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant jointly and severally file for the Plaintiff (Counterclaim Defendant) KRW 210,782,780 and the aforementioned amount on August 20, 2015.

Reasons

1. Basic facts

A. On October 2013, the Plaintiff was a stock company established for the purpose of engineering work, etc., and entered into a construction contract (hereinafter “instant construction contract”) with the Defendant (Counterclaim Plaintiff) on the following terms: (a) the construction work of reinforced concrete (hereinafter “instant construction work”) was subcontracted; and (b) the Defendant, on the date of entering into the said construction contract, jointly and severally guaranteed the Defendant (Counterclaim Plaintiff)’s obligation based on the instant construction contract.

Article 2 (Details of Agreement) The Defendant (Counterclaim) shall enter into an agreement and work to complete the construction of reinforced concrete within the construction period among the new construction of D apartment units as follows:

Article 3 (Period of Construction) (Period of Construction), including the purchase tax and value-added tax in the amount of construction work, the number of low-income trees, steel bars, rain gauges, 756,00,000, and the purchase tax and value-added tax, shall be from October 21, 2013 to May 30, 2014.

Article 4 (Various Insurance Premiums) The above-mentioned amounts shall include all the expenses to be borne by each worker as an employer resulting from the employment of workers, such as wage for each worker, all kinds of equipment cost, all kinds of materials cost, safety facilities and management expenses, waste disposal expenses, simple meals, food expenses, root taxes, resident tax and employment insurance.

Article 5 (Payment of Price) (1) Even if an increase or decrease in quantity occurs by at least 10% after the completion of the construction, the amount may be settled by consultation according to the volume, but it shall be mutually recognized when applicable according to approval or settlement of the original building.

2. The amount of the above agreement is the amount determined by mutual consultation according to the results of sufficient review of the plaintiff's execution drawings, construction specifications and special specifications, and the unit price and amount determined by the time the participation in construction is completed, and there is no increase, and it shall be adjusted according to

⑤ The Defendant-Counterclaim (Counterclaim) shall pay the full amount of labor cost to the number of inputs after receiving the progress payment at the monthly rate without reservation, and is a condition that the labor cost shall be settled in the event of shortage.

Article 6 (Items and Quantity of Materials to be Paid)

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