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(영문) 수원지방법원 2019.09.19 2016가합70877
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 229,528,520 to the Plaintiff (Counterclaim Defendant) and its amount from March 1, 2015 to September 19, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation that is engaged in the business of building projects and civil engineering works. The Defendant is a corporation that is engaged in real estate development projects and construction implementation projects. 2) The Defendant entered into a contract with Songpa-gu Seoul Metropolitan Government E Co., Ltd. (hereinafter “E”) on December 24, 2013 for the construction of the instant building (hereinafter “D building”) and the construction cost of KRW 3,740,000 (including value-added tax, and hereinafter the same shall apply).

E performs part of the above construction work.

On April 17, 2014, the defendant and the above construction were to be terminated, and the progress payment was settled at KRW 350,000,000.

3) The Defendant entered into a contract with F to enter into a new contract on the remaining part of the said construction, and F, despite having given a subcontract to G to perform a part of the said construction work, the construction was also terminated without completing the construction work. 4) On the other hand, the basic construction work performed by E and F (hereinafter “transfer contractor”) and the construction cost incurred for steel framed work is approximately KRW 900,000,000 (= KRW 350,000,000, such as basic construction work + KRW 550,000,000).

B. The Plaintiff and the Defendant’s conclusion of the contract and the discontinuance of construction works 1) The Plaintiff and the Defendant are the remaining construction works during the said construction works (hereinafter “instant construction works”).

On July 31, 2014, the parties agree to perform the work, and written a contract for construction (Evidence 1) on July 31, 2014, and the main contents are as follows. [Date of the Commencement of the Standard Contract for Private Construction Works: the contract amount: 2,600,000,000 won (including value-added tax) on July 31, 2014: The contract amount: October 30, 2014: The payment rate for delay shall be 1/100 [General Conditions of the Standard Contract for Private Construction Works] Article 27 (General Conditions of the Contract for Civil Construction Works] (where the plaintiff fails to complete the construction work within the deadline for completion, the rate of liquidated damages on the contract for each day shall be 1/100 per delay.

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