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(영문) 부산지방법원 2018.02.21 2016가합41992
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) is simultaneously paid KRW 17,482,903 from the Plaintiff (Counterclaim Defendant).

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On August 5, 2014, the Plaintiff and Nonparty C Co., Ltd. (hereinafter referred to as the “C, and the Plaintiff and Nonparty C referred to as the “Plaintiff’s side”) entered into a construction contract with the Defendant for the construction of the instant multi-family housing (hereinafter referred to as the “instant multi-family housing”) with the term of 2,299,164,80 won (including value-added tax; hereinafter the same shall apply) and the term of construction from August 7, 2014 to July 30, 2015 (hereinafter referred to as the “instant construction contract”).

The main contents of the instant construction contract are 9. 5. 5%: 10. 10%: The same as the defect warranty liability period of the ordering agency; 11. The rate of liquidated damages: 0.1% of the daily allowances per delay.

B. Waste treatment generated during the instant construction project is borne by the Defendant.

Article 23 (Security) (1) of the General Conditions for the Subcontract of Construction Works (hereinafter referred to as the "Deposit for Repair of Defects") (hereinafter referred to as the "Deposit for Repair of Defects") shall be paid to the plaintiff in cash or by the following certificates until the price for the construction is paid after completion inspection:

1. A letter of guarantee issued by E, etc.

(3) If the defendant is requested to repair the defects from the plaintiff during the warranty period under paragraph (2) and fails to comply therewith, the warranty bond under paragraph (1) shall revert to the plaintiff.

(4) The warranty bond under paragraph (1) shall be returned within ten days from the date the defendant's request is made after the warranty period expires.

Article 24 (Performance Delay) (1) The deadline for the completion set by the defendant in the contract.

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