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(영문) 청주지방법원 2014.02.05 2013가합4293
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 13,155,304 to the Plaintiff (Counterclaim Defendant) and its related amount from June 19, 2010 to February 5, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 9, 2009, the Plaintiff entered into a contract between the Defendant and the Defendant under which the Plaintiff would receive a contract from the Defendant for the construction of the instant building for the construction of the land (hereinafter referred to as the “instant building”) with the Defendant for the construction cost of KRW 390 million (hereinafter referred to as the “instant contract”), and its main contents are as follows.

Article 2. Terms and Conditions of Contract for this case (Name of Construction, Construction Amount, and Price Payment)

1. Construction name: Construction work of a neighborhood community;

2. Total construction cost: 390 million won;

3.Price payments (cash) ① Advance payments: 100 million won shall be paid at the same time as a cash contract.

(2) Part payments: 130 million won shall be paid when the basis is completed.

(3) Part payments: 130 million won shall be later paid.

(4) Any balance: 30 million won shall be paid after completion of the construction.

Article 3 (Execution of Construction Works) The Plaintiff shall perform the construction work in accordance with the design drawings and estimates submitted to the Defendant, and the details and changes of the detailed drawings (execution drawings) before the execution shall be executed after obtaining approval from the Defendant.

Article 4 (Work Period)

1. The period of construction shall be seventy-five days from the date of the contract;

Provided, That the date of suspension due to natural disasters, such as bad weather, and on-site conditions (the circumstances of the defendant), shall be excluded from the number of days of the above construction period, and in particular, if the defendant fails to pay the construction price within the agreed period, the plaintiff may

2. The plaintiff shall deliver it to the defendant after receiving an inspection after completion of construction.

Article 5 (Supply of Electricity and Use of Facilities)

1. The necessary power of the Defendant in performing the main construction in and outside the Defendant’s site shall be provided to the Defendant.

2. The defendant shall allow the plaintiff to provide and use the defendant's facilities to the maximum extent possible.

Article 7 (Defect Security) The plaintiff shall set the warranty period of two years after completion.

Article 8 (Termination of Contracts) This Agreement shall be concluded without peremptory notice between the Defendant, the Plaintiff, and the Plaintiff.

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