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(영문) 서울북부지방법원 2019.05.16 2016가합26246
건물명도
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 179,247,00 and its KRW 118,032,00 among them, the Defendant (Counterclaim Defendant) shall have on May 16, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff as a party is a person operating a “stock company C” as a private business chain for the purpose of housing lease business, etc. The Defendant is a corporation with the purpose of building, engineering work, housing construction business, etc.

B. 1) On August 18, 2015, the Plaintiff entered into a contract for construction works with the Defendant, and the Plaintiff is a neighborhood living facility building (hereinafter “instant building”) on the ground of the Seongbuk-gu Seoul Metropolitan Government Do large 164.3 square meters owned by the Plaintiff.

2) Construction contract with the content of construction (hereinafter “instant construction contract”)

A) A contract for a construction project was entered into and made out, and the main text of the contract is as follows: The construction period: October 15, 2015; 245 days in the construction period on June 15, 2016; Contract amount: 825,000,000 won (including value-added tax; hereinafter the same shall apply).

- Advance payment for the payment of the price - Payment of KRW 30 million within five days after the conclusion of the contract / Payment of KRW 220 million within 15 days after the building permit: The balance of payment within seven days after the filing of the claim for the payment of the price (the claim shall be made once a month according to the progress rate): The payment within 15 days after the completion of the contract : 1/100 (the contract amount x the number of delayed days x the rate of delay x the rate of delay penalty) under the general conditions (Article 20 (Change, Suspension of Construction) (4) "B" shall not demand the change of the contract amount or refuse the construction on the grounds of the unknown place of the contract after the conclusion of the contract other than the grounds for the adjustment of the contract amount as stipulated in the contract, the price of the dumped place of dumping, etc. (Article 30 (Compensation for Delay) (1) "B" shall not be made by multiplying the contract amount (hereinafter referred to as "compensation for delay").

B shall be paid to "A": Provided, That where a completion inspection has been delayed due to a cause attributable to "A" or where the construction has been delayed due to any of the following causes, a penalty for delay equivalent to the relevant number of days need not be paid:

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