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(영문) 서울고등법원 2012.09.05 2012나21784
공사대금
Text

1. Of the judgment of the court of first instance, order the payment in excess of the following amounts with respect to a counterclaim:

Reasons

1. Basic facts

A. The Defendant is the owner of the construction project that newly constructs 2 Dongs (A), B, and one research institute (C Dong) on the said land as an owner of the land of 3,908 square meters of C forest and field in Gwangju City (hereinafter “instant construction project”). The Plaintiff is a construction company that received a contract from the Defendant for the instant construction project.

B. On June 25, 2009, the Defendant: (a) executed the instant construction work at KRW 1,776,500,000 for the construction cost; and (b) concluded a contract with Nonparty D, who operates an I architect office, to execute the design and supervision at KRW 93,50,000 for the service cost (the construction cost and the design and supervision portion in the instant contract are separate contracts; hereinafter “instant contract”) with the period from June 29, 2009 to December 15, 2009, respectively.

C. On September 24, 2009, the Plaintiff commenced the instant construction project, and thereafter several revisions and additional works were made thereafter, the Plaintiff and the Defendant agreed to increase the contract amount to KRW 2,640,000,000 (the construction portion is KRW 2,546,500,000 for the construction portion, excluding the remainder is the service price for the design and supervision portion) on February 11, 201, and the construction period is extended to March 30, 2010 (hereinafter “instant amendment contract”). The rate of liquidated damages was 1/100 of the contract amount per day for delay.

Design and supervisor D shall prepare documents necessary for approval for the use of the building on April 5, 201 and apply for approval for the use of the building to the competent Gwangju City Mayor on behalf of the defendant when the certificate of completion inspection for various sectors, such as wastewater treatment facilities, communication fire-fighting systems, and elevators, has been issued with respect to the building newly constructed by the instant construction, and some approval documents are insufficient

7. The application was withdrawn.

E. The Defendant applied for pre-use inspection on April 19, 2010 and applied for the same year from the 21st of the same month.

5.4.As a result of the on-site investigation over four occasions, the second floor, B, Dong 2.

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