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(영문) 대구지방법원서부지원 2016.11.22 2015가합1582
공사대금
Text

1. The counterclaim Defendant: 45,939,313 won to the counterclaim and 6% per annum from December 12, 2014 to November 22, 2016.

Reasons

1. Basic facts

A. On March 19, 2012, the instant new construction project and the Defendant awarded a contract for the new construction of “C” (hereinafter “new construction project”) in the Daegu-gu, Dong-gu, and five parcels of land to the Non-Party Corporation Korea Housing Co., Ltd. (hereinafter “Korea Housing”), and the Korea Housing Corporation subcontracted the entire electrical construction among the new construction projects to the CT Development Co., Ltd. (hereinafter “C”) on January 18, 2013.

(b) The discontinuance of construction works and the subcontract agreement of the instant construction contract;

1. Construction name: All labor works among electrical construction;

2. Period: From August 14, 2014 to September 30, 2014 (construction works).

3. Contract amount: 470,000 won; and

4. A completed amount: By the 20th of the following month after the end of each month and the end of each month.

5. Method of payment: The defendant may use the plaintiff's electric construction business license for the whole of the electric labor works (hereinafter referred to as "this work") among the electric works C (hereinafter referred to as "this work") under Article 32 (Special Agreement for Contract for Construction 100% in cash.

② In principle, the completion of construction (the completion of the issuance and submission of a certificate) by September 30, 2014 in the execution of this construction. However, if the maturity is increased due to the exhaustion of prior arts for electrical construction, the Defendant shall not pay any penalty for delay to the Plaintiff.

Article 1 [Supply of Construction Materials] The provisions of the Special Contract for Construction Works (including miscellaneous materials and tools) shall be supplied by the defendant, and the plaintiff shall save and use the input materials to the maximum extent possible.

Article 5 (Payment of Construction Costs) Payment of Construction Costs shall be made in cash on the 20th of the following month after the end of each month.

(As the construction work is of the nature of wages, the construction work is paid within 20 days after obtaining an inspection prior to the use of the electric safety work). CT development discontinued the construction work on July 27, 2014 while performing subcontracted electrical construction work.

Accordingly, the defendant is required for the construction work suspended between the plaintiff and the plaintiff on August 14, 2014.

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