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(영문) 춘천지방법원 2020.12.02 2018가합51129
공사대금
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay 6,756,149,920 won to the Plaintiff (Counterclaim Defendant) and 2,047,574,704 won among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On December 15, 2015, the Plaintiff concluded a construction contract (including the contents of the following modified contract) with the Defendant and the Gangwon-si Branch C’s “D Hotel Construction Corporation” (hereinafter “D hotel Construction Corporation”) with respect to the instant construction project, setting the contract amount as KRW 29,964,00,000 (including value-added tax) with respect to the instant building.

The Plaintiff and the Defendant concluded a modified contract over five occasions after the contract was concluded, and the contract amount of the fifth modified contract concluded on April 19, 2017 is KRW 28,889,300,00 (including value-added tax).

12. Interest rate for delay in payment of consideration: Article 24 (Performance Money) (1) of the General Conditions for Contracts for Construction Works at 6% per annum (Performance Money) (1) If the progress payment is specified in the contract, B may request an inspection of the completed portion pursuant to the contract. In such cases, A shall conduct an inspection without delay and notify B of the result thereof, and if no notification is made within 14 days, A shall be deemed to pass

(3) A shall pay B the completed amount according to the details of the inspection within 14 days from the date of completion of the inspection.

(4) Article 28 (3) shall apply mutatis mutandis where A delays the payment of the completed portion under paragraph (3).

Article 28 (Payment of Price) (2) A shall pay the construction price to B at the same time as the delivery of the object of the contract, unless otherwise stipulated.

(3) If a party A fails to pay the price by the due date, the unpaid amount shall be paid by adding the interest calculated by applying the overdue interest rate specified in the contract to the number of days from the day following the due date of payment until the due date of payment.

The construction period under Article 3 (Period of Contract for Construction Works) of the Special Conditions for the Construction Contract shall be 23 months after approval for commencement.

Provided, That it may be changed by mutual cooperation with A and B according to the on-site conditions.

Article 4 (Construction Specialist Ports) 5.

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