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(영문) 서울고등법원 2015.11.25 2014나24084
공사대금 등
Text

1. The judgment of the court of first instance, including the Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit extended from the trial prior to the remand, is the judgment of the court of first instance.

Reasons

1. Basic facts

A. On December 17, 2008, the Defendant concluded a construction contract (hereinafter “original contract for construction”) with the Olympic player, a press village apartment apartment located in Gangdong-gu Seoul Metropolitan Council of Residents' Representatives (hereinafter “Council of Residents’ Representatives”), under which the construction cost of the Olympic player, a press apartment apartment was KRW 958,00,000 (including value-added tax) and the construction period was determined from December 26, 2008 to May 26, 2009 (hereinafter “original contract”).

B. On the other hand, on December 26, 2008, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant with the content that the instant construction work is subcontracted by fixing the construction cost of KRW 881,30,000 (including value-added tax) and the construction period from December 26, 2008 to May 26, 2009. The main contents of the instant construction contract are as follows.

【Contract Guarantee Contract : Rate of liquidated damages for delay: 20% of the construction cost per day: 0.3% per day, 0.3% 【General Conditions of Construction Contract 】 Article 3 (General Matters) (2) The plaintiff shall execute the construction work in accordance with this contract terms and design documents (including drawings, specifications, construction specifications, site descriptions, etc.).

(3) The plaintiff shall prepare a work schedule and a statement of calculation and attach it to the conclusion of the contract.

Article 4 (Scope of Construction Works) This Corporation shall apply to the installation of CCTV systems (including dry pipes/ship materials related to facility construction) installed in the Olympic player, scambling player, village apartment, and detailed details shall be based on the design of CCTV for each apartment and the attachment specifications.

Article 12 (Change or Suspension of Construction Works) If the defendant considers it necessary, he/she may request in writing the change or temporary suspension of construction works.

If it is necessary to extend or reduce the contract period or to increase or decrease the contract amount, the decision shall be made after obtaining permission from the defendant.

Article 16 (Payment of Price) (1) The plaintiff has passed the completion inspection of construction.

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