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(영문) 서울북부지방법원 2017.03.14 2015나7679
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) corresponding to the money ordered to be paid below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 23, 2010, the Plaintiff entered into a construction contract between the Defendant and the Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant apartment”) with the content that the rupture repair and reconstruction construction of the 1110-Offset apartment (hereinafter “instant apartment”) shall be from March 10, 201 to May 9, 201 (including value-added tax), the construction cost of KRW 124,60,000 (including value-added tax) and the construction cost of KRW 124,60,000 (hereinafter “instant construction contract”). On March 17, 2011, the Plaintiff received KRW 12,460,000 from the Defendant for the down payment of KRW 12,460,00.

B. The main contents of the instant construction contract are as follows.

The name of construction: 10% (payment within one week after commencement) of the total construction amount: 30% (payment at the progress of 30%) of the total construction amount (payment at the progress of 70%) intermediate payment: 30% of the total construction amount (payment at the progress of 70%) intermediate payment: Article 3 (Contract Documents) of the General Conditions for Contract for Construction Works (payment within one week after passing a completion inspection). (1) Contract documents are composed of general conditions, special conditions for construction contracts, design and calculation sheets, specifications and mutually complementary effects.

Article 15 [Extension of Construction Period] (1) Where the performance of construction is delayed due to a cause not attributable to the plaintiff, such as a cause not attributable to the defendant (such as a delay in the color of the outer wall and the number of delayed days) or a natural disaster (the temperature of the temperature of the temperature of the temperature of the river or the load of the river) or force majeure, the plaintiff shall notify the defendant of an extension of the construction period in writing.

(2) Where the defendant is notified of the extension of the contract term under paragraph (1), he shall immediately investigate the fact, confirm the fact, and take necessary measures, such as the extension of the contract term so that the Corporation can perform it appropriately.

(3) If the contract period is extended under paragraphs (1) and (2), the extension shall be made.

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