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(영문) 대전고등법원(청주) 2015.09.22 2014나2014
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 9.5 million and also KRW 9.5 million.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 20, 201, the Plaintiff: (a) from the Defendant on July 20, 201, the Defendant’s restaurant operating the Defendant (hereinafter “instant restaurant”); (b) the construction cost of the instant restaurant (hereinafter “instant restaurant”) was KRW 128 million; (c) the construction period was within 20 days from July 20, 201 from the commencement date of the construction; (d) the warranty period was one year for the warranty period; and (e) the delay penalty rate of KRW 1/100, respectively.

(hereinafter “instant contract”). (b)

The instant contract document contains the general conditions of the construction contract, design and calculation sheet attached thereto, and the general conditions of the construction contract and the details of the special conditions of the construction contract attached thereto are as follows.

The General Conditions of the Construction Contract (Ordinance of the Ministry of Public Administration and Security No. 253 ( August 6, 2009)) shall comply with the General Conditions of the Construction Contract with an institution that has the general conditions of the Construction Contract and the construction contract, and shall be

The payment method of the price shall be in cash.

(a) Beginning money: 50 million won on the commencement day immediately before the commencement day; and

(b) Part payments: Within ten days from the commencement date, and forty million won;

(c) Amount of completion: Special conditions of the construction contract of 38 million won within ten days from the date of completion of construction work;

1. Installation of a reading room for the first floor (the installation of an automatic door door);

2. The finishing materials shall be used as a quasi-high class to undergo a preliminary examination;

3. The sections to be installed in existing kitchens and warehouses, for the supplementation of water leakages, for the installation of board rooms and for the installation of floors, shall be in line with existing height after removal;

4. The freezing room part of the freezing room shall be finished into a board.

5. The completion date of construction shall be August 10, 201, and the delay penalty shall be 1/100 per day if it is delayed.

C. The instant contract was concluded to install two general dumbwaer, food, and other water-only elevators) in the instant restaurant. However, during the instant construction work, the Chungcheong Elevator Co., Ltd. (hereinafter “Daumba”), a contractor, (hereinafter “Daumba”), among the Defendant, is not a general shape.

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