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(영문) 서울고등법원 2015.06.09 2014나2029863
공사대금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 75,522,872.

Reasons

1. Basic facts

A. around August 2010 and around September of the same year, the Defendant refers to two multi-household houses and one multi-household house (hereinafter referred to as “Dong Dong” or “One Dong” on the instant complex records. The two multi-household houses refer to “Dong Dong” or “two Dong” on the instant complex records. The apartment house refers to “Dong Dong” or “three Dong” or “three Dong” on the instant three complex records. The apartment house refers to “building” or “three Dong” under the instant three complex records, and the construction work (hereinafter collectively referred to as “each building of this case”) is newly constructed on the land outside Chungcheongnam-gun-gun, Chungcheongnam-gun and one unit of multi-household house (hereinafter referred to as “multi-household”) and the construction work cost is totaled of 1,580,000,000,000,000 won (hereinafter referred to as “construction work rate of this case”) and the construction work cost of each of the instant building within the scope of 1,50,000,000 won (hereinafter referred to as “construction interest rate of this case”).

B. On November 15, 2010, the Defendant entered into a contract to change the status of the contractor of the instant contract between the Plaintiff (including a construction business and a housing construction business division, which was established on November 12, 2010) and the Plaintiff.

C. The main contents of the general terms and conditions of the construction contract incorporated into the instant contract (hereinafter “instant general terms and conditions”) are as follows.

[General Conditions of the Contract for Construction Works] Article 6 (Period of Construction Works) (1) The commencement and completion date of construction shall be the date specified in the contract.

(2) Where it is impossible to commence construction on the commencement date without any cause attributable to the plaintiff, the commencement date of construction shall be the date of commencement, and the plaintiff may request an extension of construction period.

(3) The date of completion shall complete the construction works.

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