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(영문) 서울중앙지방법원 2017.11.09 2016가합560969
건물인도 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the buildings listed in the separate sheet;

B. 236,569.

Reasons

1. Basic facts

A. On September 7, 2015, the Plaintiffs and the Defendant (hereinafter “D Co., Ltd.”) concluded a construction contract with regard to the construction of a building listed in the attached Table (hereinafter “instant building”) (hereinafter “instant construction”) on September 7, 2015, as follows:

(hereinafter “instant construction contract”). The main contents of the terms and conditions of the construction contract and the terms and conditions of the contract, special terms and conditions of the contract, and the terms and conditions of the contract are as follows:

Construction Contract

1. Construction name: Construction of new E complex facilities;

2. Period of construction: The total amount of KRW 1,936,00,000 (including value-added tax) on March 23, 2016 after completion of September 8, 2015.

5. Method and date of payment of the price: The end of a month according to the construction progress rate.

6. Contract deposit (Advance payment): Payment of KRW 80,000,000 (including value-added tax) after submitting an advance payment guarantee certificate issued by the Seoul Guarantee Insurance Company.

7. Contract performance guarantee: Submission of 10 percent (issuance of Seoul Guarantee Insurance Co., Ltd.) immediately after a contract is made (within two days);

8. Period of warranty bond and warranty: 6% of the total amount of delay compensation on October 10, 200 (Seoul Guarantee Insurance Co., Ltd. issued warranty bond): 0.1% of the total amount of the contract per day (Provided, That in the case of commercial space, additional compensation for business losses) but Article 13 of the same terms and conditions of a compensation annuity under the same terms and conditions of a contract (hereinafter referred to as “the same terms and conditions of the contract”) [unconformityd construction] may request correction thereof if there are parts inappropriate for design documents during the construction performed by the defendant, and the defendant shall comply with such request without delay.

In such cases, the defendant shall not request an increase in the contract price or an extension of air.

Article 14 [Change or Suspension of Construction Works] (1) The plaintiffs shall notify the defendant when it is deemed necessary or when the contents of construction are changed or estimated or the whole or a part of construction is temporarily suspended at the request of the project owner.

This extension or reduction of the construction period; or

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