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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 1,186,50,000 as well as the full payment from February 4, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 30, 2012, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a construction contract with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) on the remainder of the A Tourist Site Development Project (hereinafter “instant construction”). The Plaintiff entered into the construction contract with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”).
Standard Contract Documents
1. Construction name: The remainder of the Atourism Site Development Project (2j);
3. Scheduled date of completion: The contract amount on March 9, 2013: 950,000,000 won (including additional taxes): 1/1,000 for liquidated damages: the interest rate on delayed payment on December 1, 200: Article 3 [Contract Documents] of the General Conditions 1/1,000. (1) Contract documents shall consist of contract documents for private construction works, general conditions of contract for private construction works, special conditions of contract for construction works, design and calculation sheet, and shall have the effect of mutual supplement.
Article 9 [Period of Construction Work] (3) The date of completion refers to the date on which the “B” (hereinafter referred to as the “Plaintiff”) completes the construction and “A” (hereinafter referred to as the “Defendant”) makes a written request for a completion inspection.
Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.
Article 24 [Completion Inspection] (1) The plaintiff shall notify the defendant of the completion of construction without delay after receiving notification, and the defendant shall conduct the inspection without delay in the presence of the plaintiff, and if the defendant fails to notify the result of inspection within ten days after receiving notification of the plaintiff, the inspection shall be deemed to have passed at the expiration of ten days.
Article 25 [Payment of Price] (1) After passing a completion inspection by the defendant, the plaintiff may adjust the construction site, such as the removal or removal of surplus materials, wastes, temporary facilities, etc., and claim the payment of the construction price to the defendant.
(2) The defendant shall pay the construction price to the plaintiff simultaneously with the delivery of the object of the contract, unless otherwise stipulated.
(3) Where the defendant fails to pay the price by the due date, the unpaid amount.