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(영문) 서울서부지방법원 2017.10.26 2014가합36856
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 121,483,325 to the Defendant (Counterclaim Plaintiff) and its related amount from January 14, 2017 to October 26, 2017.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On August 20, 2012, the Plaintiff, a stock company, engaged in the construction business, etc., was awarded a contract with the Defendant for the new construction of detached houses on the land outside Busan-gun and one parcel (hereinafter “instant housing”).

(hereinafter “instant building contract”). The main contents of the instant building contract are as follows.

Standard contract for private construction works (asses)

3. Date of commencement: August 20, 2012.

4. Date scheduled for completion: December 20, 2012.

5. Contract amount: one hundred and thirty thousand won (53,900,000,000 won); and

7. Advance: Daily gold day (100,000,000,000 additional taxes separately); and

8. 1) The completed portion: 1.00,000,000 (Additional Tax No. 2) at the time of completion of the assistance:100,000,000 (Additional Tax No. 3) at the time of completion of the assistance:100,000 (Additional Tax No. 4) at the time of completion of the assistance:10,000,000 (Additional Tax No. 4) after completion of the assistance:13,90,000 (b) at the time of completion of the assistance: 11.00,000 (b) at the time of completion of the assistance: Article 9 [1/1,00 (b) at the time of commencement of the work and the date of completion of the 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 commencement shall be the date of commencement, and the plaintiff may request an extension of the construction period.

(3) The date of completion means the date the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

(A) Article 22 (b) (1) If a contract specifies the completed portion, the plaintiff may request an inspection of the completed portion. In this case, the defendant shall conduct an inspection without delay and notify the plaintiff of the result thereof, and if no notification is made within 14 days, the inspection shall be deemed to have passed.

(2) The completed portion shall be calculated according to the unit price of the calculation sheet under subparagraph 8 of Article 2.

Provided, That where there is no calculation statement, it shall be made.

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