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(영문) 대구지방법원 2017.01.20 2014가합8114
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 29,687,716 to the Plaintiff (Counterclaim Defendant) and its related amount from January 11, 2014 to January 20, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Fact that there is no dispute over the facts of recognition [applicable for recognition], Gap evidence 1, 2, Eul evidence 1 and 3, and the result of appraiser B's appraisal;

A. On April 24, 2013, the Plaintiff entered into a contract for construction works with the Defendant to supply and demand D Building Construction Works (hereinafter referred to as “instant construction works”) on the land in Daegu-gu, Daegu-gu, and the said new construction works (hereinafter referred to as “instant building”) on the following terms: (a) around that time, the Plaintiff agreed to apply a rate of 1/100 of the contract amount for liquidated damages for delay depending on the construction sites.

(hereinafter “instant contract”). Standard contract for private construction works

1. Construction name: Construction of new buildings in D;

3. Date of commencement: April 23, 2013.

4. Scheduled date of completion: December 10, 2013.

5. Contract amount: Article 25 (Payment of Price) (1) of the general conditions of the standard contract for private construction works (including value-added tax) under the general conditions of the contract for private construction works (including value-added tax) may promptly adjust the construction site, such as removal or removal of surplus materials, wastes, temporary materials, etc., and claim the payment of the contract price to A;

Article 27 (Compensation for Delay) (1) If a plaintiff fails to complete construction works within the deadline for completion, he/she shall pay to Gap the amount calculated by multiplying the contract price by the rate of the compensation for delay on the written contract (hereinafter referred to as "compensation for delay") for each number of days without delay.

Provided, That where a completion inspection has been delayed due to a cause attributable to A and where the construction has been delayed due to a cause falling under any of the following subparagraphs, the penalty for delay equivalent to the relevant days need not be paid

3. Where the commencement of construction has been delayed or suspended due to causes attributable to Party A;

4. Where the Corporation is delayed due to any other cause not attributable to B. (3) A may set off the liquidated damages calculated under paragraph (1) against the construction price paid to B under Article 25.

(b).

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