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(영문) 대전고등법원(청주) 2016.01.12 2014나1745
공사대금
Text

1. Of the counterclaim part in the judgment of the court of first instance, 31,829,130 won and 31,829,130 won against the Defendant (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 15, 2011, the Plaintiff received contracts from the Defendants during the period from the period from Jun. 15, 201 to Aug. 27, 2011, respectively, for the construction cost of the Mamoto E (hereinafter “instant Mamoto”) with KRW 330 million (including value-added tax; hereinafter the same shall apply) and the construction period from June 16, 201 to August 27, 201.

(hereinafter “instant contract”). (b)

The main contents of the general terms of contract applicable to the instant contract (hereinafter “instant general terms”) are as follows:

(A) “A” refers to the Defendants, and “B” refers to the Plaintiff). Article 2 (Change and Coordination of Construction Work) (1) In the event of change or addition of construction work at the request of “A” during the construction work process or after the completion of construction work, “B” may comply with it, and “A” shall pay additional expenses for change and adjustment to “A”.

A change of construction after the completion of construction shall be processed in accordance with a separate contract.

(3) The scheduled completion date may be extended in consideration of the period additionally required following a change in the details of construction works.

(5) Minor changes and construction cost not exceeding three percent shall be included in contract construction cost.

Article 3 (Maintenance of Defects) (1) "B" is responsible for repairing all or part of the defects that occurred within two years after the completion of construction work.

However, “A” and “B” may separately agree on the extension or reduction of the period for repairing defects.

(2) “A” in the case of negligence or natural disaster shall be relieved of liability.

Article 4 (Performance Delay) (1) When a construction is not completed within the deadline for completion, “B” shall pay to A the amount equivalent to 3/1,000 of the construction cost per day for each delay.

(2) “B” shall immediately notify “A” if the construction is delayed due to labor-management disputes, natural disasters, and other special circumstances, and shall not later than the end of the relevant cause.

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