(영문) 수원지방법원안양지원 2019.01.30 2017가단107658

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(영문) 수원지방법원안양지원 2019.01.30 2017가단107658

손해배상 청구의 소

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 31,680,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 11, 2017 to January 30, 2019.

Reasons

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

1. Facts of recognition;

A. On October 20, 2016 and October 20, 2010, the Plaintiff awarded a contract for a remodeling project in Yongsan-gu Seoul Metropolitan Government to KRW 30,000,000 (excluding value-added tax; hereinafter the same shall apply) for the total construction cost.

The main contents are as follows:

(1) Advance payment: (1) Payment of 30% of the contract amount (90,000,000 won) within three days from October 24, 2016 to December 15, 2016 (1): 20% of the contract amount (60,000,000 won) after the commencement of the construction work. (3) Payment of 20% of the contract amount (60,000,000 won) after the commencement of the construction work. (4) Payment of 15% of the contract amount (60,000,000 won) after the commencement of the construction work. (5) Payment of balance of the contract amount after the commencement of the construction work (45,00,000 won): Payment of 15% of the contract amount after the commencement of the construction work (45,000,000 won) by the contract amount (45,000,000 won) payment of delay in payment within seven days from the completion of the construction work.

(2) Where construction works are deemed delayed due to any of the following causes, the number of days equivalent to the relevant number of days shall not be included in the number of delayed days:

3. Where the commencement of construction has been delayed or suspended due to any cause attributable to the plaintiff, the rate of liquidated damages: Number of days of delay ¡¿ contract amount 】 3/100 of contract amount 】 The plaintiff and the defendant are mutually aware and confirm that there are parts of the defendant's estimate attached to the contract of construction work in this case that the plaintiff's initial requirements are not accurately

(2) The defendant shall complete the instant work within the contract amount, and any increase or decrease in the construction cost shall not be in principle.

Provided, That if there is any additional addition that is entirely different from the original purpose of the construction, it may be increased or decreased by agreement with the plaintiff.

(3) The scope of Defendant’s construction work shall be as follows:

1..

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