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(영문) 서울북부지방법원 2015.10.15 2013가합3990
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 19,343,495 to the Defendant (Counterclaim Plaintiff) and its related amount from January 10, 2015 to October 15, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. 1) The Plaintiff and the Defendant entered into a contract between the Plaintiff and the Defendant for multi-household housing (hereinafter “instant building”) with five stories above B, Seoul Special Metropolitan City, Nowon-gu, 312 square meters, C, 39.7 square meters, and D, 74.8 square meters above land owned by the Defendant (hereinafter “instant building”).

) Contract for new construction works (hereinafter referred to as “instant contract”).

(2) On September 19, 2012, the Plaintiff and the Defendant drafted a standard contract form (hereinafter “instant contract form”) with the content that the construction of the instant building shall be KRW 50,000 (including value-added tax) on March 19, 2013 as of the scheduled date of completion on September 20, 2012 as of the date of commencement.

3) The general terms and conditions of the contract for private construction works attached to the instant contract stipulate that the terms and conditions of the contract for private construction works are stated as separate terms and conditions for electrical construction and installation works. B. The Plaintiff’s progress and discontinuance of construction works are as follows: (a) from September 20, 2012, the Plaintiff had the head of the site office E perform construction

E discontinued the construction of the instant building around March 15, 2013.

2) Accordingly, the Defendant filed a civil petition with the Nowon-gu Office on the ground that “on-site agent of a construction site shall not return to the construction site without good cause after leaving the construction-related data.” On April 2, 2013, the Nowon-gu Office notified that “on-site agent of a construction site shall take appropriate measures, such as returning to the construction site, as soon as possible, and shall not interfere with the progress of the construction work.” (c) The Defendant notified the cancellation of the contract. (d) On March 15, 2013 and March 26, 2013, the construction was delayed due to the erroneous instruction and management by the warden of a site E site E. The Defendant would be expected to claim delayed compensation and all damages due to the delay. By March 27, 2013.”

2. On April 8, 2013, the Defendant approved the pre-use inspection of the instant building by the field E’s agent with various construction-related documents.

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