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(영문) 대구지방법원 2016.05.17 2014가단105414
공사대금
Text

1. Of the instant lawsuit, the Defendant-Counterclaim Plaintiff’s counterclaim is dismissed.

2. The Defendant (Counterclaim Plaintiff) is against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic fact contract amount: 3,795,00,000 won (including value-added tax): Commencement on August 25, 201 on the date of commencement, and on September 5, 2011 on the date of commencement: The rate of liquidated damages for delay: Total amount of construction work, contract amount, 3,762,00,000 won for each type of work, warranty bond of 151,80,000 won (ratio 4%) and warranty period of 1/1,000 for each unit of work: Total amount of construction work, contract amount, 3,762,00,000 won for each unit of work, warranty bond of 151,80,000 won

1. Ten years in case of columns or bearing walls;

2. Five-year main structural parts, other than columns or bearing walls;

3. Three years, including specialized works, for all other parts;

A. On August 13, 201, the Plaintiff and the Defendant concluded a contract for the following (hereinafter “instant construction contract”) with respect to the construction of the new building in Daegu-gu and one parcel of land (hereinafter “instant new building construction”) except for the interior works.

B. On September 6, 2012, the Plaintiff and the Defendant concluded the instant additional construction contract (hereinafter “instant additional construction contract”) with respect to the instant new construction works.

Contract amount: The period of construction of KRW 346,50,000 (including value-added tax): The period and method of payment of contract amount on September 6, 2012 as of November 15, 2012 after commencement: There is no down payment; the payment of completed portion en bloc after completion of construction; and the warranty liability for payment until February 20, 2013: Three years after completion of construction.

C. On November 15, 2012, the completion inspection on the instant new construction of the building was conducted on the ground that water leakage was incurred on the underground floor of the instant building on December 27, 2012, the Defendant did not pay to the Plaintiff the construction cost of KRW 1,204,575,000 out of the construction cost of the instant construction contract and KRW 346,50,000 of the construction cost of the instant additional construction contract.

The project owner shall pay the project cost of KRW 3,450,00,000 (excluding surtax) to the trial work by January 21, 2013.

Additional Corporation shall determine 315,00,000 won (excluding surtax) and prepare a mutual agreement on January 18, 2013, and additional construction funds shall be paid on February 20, 2013.

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