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(영문) 인천지방법원부천지원 2020.09.11 2019가합102337
공사대금
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay 50,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from August 31, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of civil engineering and construction business, and the Defendant is a golf practice range and sports facility business.

B. On April 27, 2017, the Plaintiff received a contract from the Defendant for the construction of the instant Ddong and E-dong building (hereinafter “instant Ddong and E-dong building”) from the Defendant for construction cost of KRW 1,749,00,000 (including value-added tax).

(hereinafter “instant contract”). Of the terms of the instant contract, the parts related to the issues of the instant case are as follows.

Standard construction contract statement for private construction works: B Ddong and E-dong Construction Corporation

3. Date of commencement: The scheduled date of completion on May 4, 2017: October 5, 2017: 1,749,000,000 won (including VAT).

6. Contract bond: 174,900,000 won: The interest rate for delay of 1/100: 1/100 for delay: the contractor and the contractor shall enter into the contract by means of the contract documents attached under an agreement and promise to perform their contractual obligations in good faith, and shall prepare two copies of the contract documents as evidence of this contract and keep them in one copy;

Documents to be attached:

1. One copy of the general terms of a contract for private construction works;

2. One copy of the special condition of the construction contract;

3. Standard terms and conditions of the contract for private construction works, attached to a statement of design and calculation, and Article 3 (Contract Documents) (1) of the General Conditions of the Contract for Private Construction Works shall be comprised of the contract for private construction works, the general conditions of the contract for private construction works, the special conditions of the contract for construction works, the design

(2) Any notification document, etc. between parties to a contract under the conditions as prescribed by this condition shall have the effect as a contract document.

Article 10 (Period of Construction) (1) The date of commencement and completion of construction shall be the date specified in the contract.

(2) Where it is impossible to start the commencement date of construction without any cause attributable to the plaintiff, the date of taking over the site.

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