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1. The Defendant (Counterclaim Plaintiff) paid KRW 42,424,406 to the Plaintiff (Counterclaim Defendant) and its amount from April 23, 2016 to July 15, 2020.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On January 30, 2015, the contractor concluded a contract for the construction of Eunpyeong-gu Seoul Metropolitan Government Building C (hereinafter “instant building”) (hereinafter “instant construction”) with the contractor (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
The date of commencement: The contract price of KRW 2,915,00,000 for the supply price of KRW 2,650,000 for the value-added tax of KRW 2,650,000 for the value-added tax of KRW 2,60,000 for the value-added tax of KRW 2,65,00 for the delay penalty of KRW 265,00,000 for the delay penalty: Article 27 of the General Conditions of the Contract (1/100 for the delay penalty) for the standard contract / [1] When the plaintiff fails to complete the construction within the due date for the completion of construction, he/she shall pay to the defendant an amount calculated by multiplying
Provided, That where a completion inspection has been delayed due to a cause attributable to the defendant and where the construction has been delayed due to any cause falling under any of the following subparagraphs, the penalty for delay equivalent to the number of relevant days need not
1. In case of force majeure events provided for in Article 18 (Loss by Force Majeure);
2. Where it becomes impossible to carry out construction works because the supply of important materials that the plaintiff is unable to use as a substitute has been delayed due to any cause attributable to the defendant;
3. Where the commencement of construction has been delayed or suspended due to reasons attributable to the defendant;
4. Where the Corporation has been delayed due to any other cause not attributable to the plaintiff's liability. (3) The defendant may set off the liquidated damages calculated pursuant to paragraphs (1) and (2) against the construction price paid to the plaintiff under Article 25 (Payment of Price).
B. The Plaintiff, among the instant construction projects, performed an additional construction project, such as changing the outer walls of the instant building upon the Defendant’s request (hereinafter “instant additional construction project”).
C. On April 22, 2016, the instant building obtained approval for use of the building on the same day.