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(영문) 대구지방법원서부지원 2019.09.05 2017가합51314
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 333,938,305 to the Plaintiff (Counterclaim Defendant) and its amount from July 22, 2017 to September 5, 2019.

Reasons

1. Basic facts [Standard Contract for Private Construction Works] 11. 1.: 1/1,00 of the value of supply (general conditions of standard contract for private construction works] Article 9 (Period of Construction Works) (3) The date of completion refers to the date the plaintiff completed construction works and requests the defendant to undergo a completion inspection in writing;

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 19 (Adjustment of Contract Amount Due to Modification of Design) (1) When the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or when installation of additional facilities is required due to a modification of the project plan, etc., the defendant shall modify the design.

(2) Where there occurs an increase or decrease in the volume of construction due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards, and if necessary, the construction period shall

1. The unit price for the increased or decreased construction works shall be determined through mutual consultation on the basis of the unit price indicated in the calculation sheets under Article 8;

Article 24 (Completion Inspection) (1) The plaintiff shall notify the defendant of the completion of construction without delay after receiving notification, and the defendant shall conduct the inspection in the presence of the plaintiff, and if the defendant fails to notify the result of inspection within ten days after receiving notification of the plaintiff, the inspection shall be deemed to have passed at the expiration of ten days.

Article 27 (Compensation for Delay) (1) When the plaintiff fails to complete construction within the deadline for completion, he/she shall pay to the defendant the amount calculated by multiplying the contract price by the rate for liquidated damages in the contract (hereinafter referred to as "compensation for delay") for each number of days.

Provided, That where a completion inspection has been delayed due to a cause attributable to the defendant and where construction has been delayed due to any cause falling under any of the following subparagraphs, the penalty for delay equivalent to the number of relevant days need not

3. The defendant.

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