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(영문) 부산고등법원 2020.08.19 2019나50833
공사대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2.(a)

Any counterclaim filed by this Court.

Reasons

1. Basic facts

A. Plaintiff A is a company engaged in a new housing construction business, sales business, etc., and Plaintiff A was changed from May 18, 2016 to B Co., Ltd. and from B on July 4, 2017 to N, respectively.

hereinafter referred to as “Plaintiff N” collectively;

2) The Defendant is a non-profit medical corporation established and operated with the aim of establishing and operating medical institutions.

B. 1) On May 27, 2015, the Defendant entered into a contract between the Defendant and the Plaintiffs, etc., with the aim of operating a convalescent hospital, the Defendant: (a) Ulsan-gu E-gu, Ulsan-gu and 91.8§³ and its ground-based 3 stories; and (b) the 5th above ground-based building (which had been extended and altered later, but whose use had been changed thereafter; (c) collectively referred to as the “instant building”; and (d) collectively, “the instant

(2) On November 2, 2015, the Defendant entered into a contract with the Plaintiff to extend the instant building up to six floors above the ground and to change the use of the building from business facilities to medical facilities (hereinafter “instant construction”), with the construction cost of KRW 3,256,00,000 (including value-added tax; hereinafter the same shall apply) and the construction period of November 11, 2015 to March 25, 2016.

3) After November 9, 2015, the Defendant, at the request of Plaintiff A, shall conduct on-site management and interior works among the instant construction works (hereinafter “the instant interior works”) between Plaintiff A and Plaintiff A.

(1) A contract under which a contract is made to set the rate of penalty for delay to 1/1,000 for construction work (hereinafter “instant contract for interior works”) from November 11, 2015 to March 31, 2016; and that a contract is made to set the rate of penalty for delay to 1/252,90,000 (hereinafter “instant contract for interior works”).

2) The extension work of this case between Plaintiff N and Plaintiff N (hereinafter “instant extension work”).

The contract provides that the construction cost shall be KRW 891,00,000, the construction period shall be from November 11, 2015 to February 25, 2016, and that the rate of liquidated damages shall be KRW 1/1,000 (hereinafter referred to as the “instant contract”).

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