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(영문) 울산지방법원 2016.08.18 2014가합4688
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 63,084,639 and its amount from January 17, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 4, 2013, the Plaintiff entered into a construction contract with the Defendants on February 4, 2013, and on February 3, 2013, Ulsan-gu Residential Facilities C (hereinafter “instant building”).

2) The contract was concluded for a new construction project (hereinafter “instant contract”).

The main contents are as follows:

Standard contract for private construction works

1. Construction name: New construction works of neighborhood living facilities;

2. Place of construction: Ulsan-gu C

3. Date scheduled for commencement: The date scheduled for completion on February 4, 2013: May 4, 2013: Contract amount: 415,000,000 won (excluding value-added tax): (Labor expenses: Wage calculated under Article 88 (2) of the Framework Act on the Construction Industry and Article 84 (1) of the Enforcement Decree of the same Decree, the value-added tax shall be 41,50,000 won (excluding value-added tax).

6. Contract bond: 41,500,000 won (substitute with a contract guarantee certificate);

7. Advance payment: 100,000 won (payment within three days after the conclusion of a contract): 0.1% general conditions of the standard contract for private construction works. (1) When the construction has not been completed within the deadline for completion, the “Plaintiff” shall pay to the “Defendant” an amount calculated by multiplying the contract deposit by the rate of compensation for delay on the contract basis by the contract deposit (hereinafter referred to as “compensation for delay”) for every number of days.

Provided, That where a completion inspection has been delayed due to a cause attributable to the defendant, and where construction has been delayed due to any of the following causes, compensation for delay equivalent to the relevant number of days shall not be paid:

1. Cases due to force majeure events prescribed in Article 18;

2. Where the supply of important materials that can not be used as a substitute for the plaintiff has been delayed due to any cause attributable to the "defendants", making it impossible to proceed with construction works;

3. Where the commencement of construction has been delayed or suspended due to any cause attributable to the defendant;

4. Where the Corporation is delayed due to any cause not attributable to the Plaintiff’s liability. (2) In applying paragraph 1, “Defendants” shall be applied in accordance with Article 23.

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