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(영문) 서울중앙지방법원 2017.03.15 2014가합573121
손해배상청구의 소
Text

1. The rehabilitation claim of the Plaintiff (Counterclaim Defendant) against the same debtor for rehabilitation shall be the principal amount of KRW 146,327,000 and KRW 146.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 29, 2010, the Plaintiff entered the same construction company, a contractor, into a construction contract, etc. (hereinafter “stock company”) in the name of the company and omitted.

(C) as between the building and the building of the officetel in Incheon Seo-gu (hereinafter referred to as the “instant building”).

) New Construction Works (hereinafter referred to as “instant Construction Works”)

(2) A contract for construction works (hereinafter referred to as “instant contract”).

The contract of this case was concluded. The main contents of the contract of this case are as follows (hereinafter referred to as “A” and “B” mean the Plaintiff and the same construction respectively.

(i) [Matters concerning the Corporation].

3. 24 months from the date the construction site room commences (excluding the period for construction of M/H).

4. Contract amount: 24,695,000,000 won: Value-added tax of 22,450,000,000 won: 2,245,000,000 won: Interest rate for delay of payment on November 1, 190: 1/1,000: Annual interest rate for delay of payment: 9.9% (general conditions of construction contract) (3) The completion date of this new building shall be the date of approval for a pre-use inspection by the competent Gu office (the date of temporary approval for use).

Article 22 (A) (1) If a portion of the completed portion is specified in the contract, "B" may request an inspection of the completed portion pursuant thereto, and in such cases, "A" shall conduct an inspection without delay and notify "B" of the result thereof, and if no notification is made within 14 days, it shall be deemed that the inspection has passed.

(2) The completed portion shall be calculated according to the unit price of the calculation sheet under subparagraph 8 of Article 2.

Provided, That where there is no calculation statement, the agreement between "A" and "B" shall be calculated according to the construction progress ratio.

(3) "A" shall be paid to "B" the amount completed according to the details inspected within 14 days from the date of completion of the inspection.

(4) Article 25 (3) shall apply mutatis mutandis where a “A” delays the payment of a completed portion under paragraph (3).

Article 25 (Payment of Price) (2) "A" shall be stipulated.

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