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The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is from August 4, 2018 to October 30, 2020, as well as KRW 157,873,983 to the Plaintiff (Counterclaim Defendant).
Reasons
1. The facts of recognition and the counterclaim shall be deemed together; and
A. On July 4, 2016, the Plaintiff entered into a contract with the Defendant and C (hereinafter “instant construction”) on a contract amount of KRW 12,430,00,000 (including value-added tax) (hereinafter “instant contract”), and the main content thereof are as follows.
(hereinafter referred to as “A” and the Plaintiff “B”)
1. Construction name: C Corporation;
2. The construction site: Gyeonggi-do Do Kimpo-si other than D;
3. Period: 12 months from the date of approval on the commencement date of works;
4. Contract amount: 12,430,000 won (including value-added tax); and
9. The rate of liquidated damages: 1/100 of the contract amount, and within 10% of the total contract amount, for each number of days of delay: 6% of the delayed interest rate: Contract documents under Article 3 of the general conditions of the contract amount. (1) Contract documents shall consist of contract documents for construction works, contract documents for private construction works, general conditions of the contract for private construction works, design and calculation statement, conditions of estimate, bidding guidelines, and shall have the effect of mutual supplementation.
Article 17 Extension of the construction period (1) Where the execution of construction works is delayed due to any cause not attributable to B, such as a natural disaster or force majeure situation, imbalance in the supply and demand of raw materials, etc., and it is considerably difficult to perform the contract, etc., B may request in writing Gap to extend the construction period.
(3) Where the construction period is extended under paragraph (1), additional expenses, such as site management expenses incidental thereto, shall be adjusted by applying Article 22.
(4) Where A has approved an extension of the contract period under paragraph (1), he/she shall not impose penalty for delay on the extended period.
Article 21 (Adjustment of Contract Amount due to Modification of Design) (1) When the contents of the design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or when installation of additional facilities or alteration of the exterior and interior is required due to the modification of the project plan, etc., A shall design.