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(영문) 대구고등법원 2017.02.08 2016나24629
보험에관한 소송
Text

1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts are equivalent to the amount ordering additional payments.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Construction cost for recognized facts: The construction period of KRW 7,626,686,00 (including value-added tax): The ratio from June 30, 2009 to June 20, 201: 51% of the General Bonded Construction, and 49% of the General Bonded Construction;

A. On June 25, 2009, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with respect to the construction works of the Marine Resources Research Center in Ullido and Ullido as a joint contractor for the construction of the new comprehensive construction works and the comprehensive construction of the large-scale comprehensive construction works (hereinafter “large-scale construction”) with the main comprehensive construction company (hereinafter “main comprehensive construction”) and the large-scale comprehensive construction company (hereinafter “large-scale comprehensive construction”).

B. The instant construction contract is part of the general conditions of the construction contract (the Ministry of the Interior and Safety established rules, July 7, 2008), and the provisions pertaining to this case are as follows.

8. Delay in performing the duties, and cancellation and termination of contracts;

3. Cancellation or termination of a contract due to any cause attributable to the other party;

(e) Where the contract has been rescinded or terminated under the provisions of item (a), the other party to the contract shall, where there is a unpaid balance of the advance payment he received, repay the balance to the ordering agency in addition to the agreed amount.

(f) In the case of paragraph (e), the contracting officer shall offset the balance of the advance and the amount payable as completed.

Provided, That if there is no payment guarantee of subcontract consideration under the Framework Act on the Construction Industry and the Fair Transactions in Subcontracting Act and it is required to directly pay the subcontract consideration under the provisions of Article -2-1 (a), the advance payment balance may be offset if there is any balance of the portion unpaid after the subcontract consideration has been paid.

ix. Completion of the construction and payment of the cost thereof;

4. Payment of consideration for sex;

(b)The contracting officer shall fix the costs of origin according to the contents of the examination within seven days from the date of completion of the inspection.

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