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(영문) 인천지방법원부천지원 2017.06.28 2016가합101029
공사대금 반환 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 125,928,00 to the Plaintiff (Counterclaim Defendant) for KRW 125,928,00 and for this, from June 1, 2016 to June 28, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff entered into a contract for the construction of factory construction (hereinafter “instant land”) in Kimpo-si to construct a factory

(2) On March 16, 2015, the Plaintiff entered into a construction contract on May 14, 2015 with the Defendant who is engaged in construction business, etc. and entered into a construction contract on “C Corporation” with the said Defendant, and entered into a “private construction standard contract” with the following details:

(hereinafter) On January 1, 200, the term “instant construction contract”, “instant construction project”, and “instant construction contract” under the said contract: C Corporation

2. The construction site: Kimpo-si B; and

3. Date of commencement: The scheduled date of completion on June 1, 2015: October 31, 2015: KRW 1,320,000,000 (including value-added tax) of KRW 1,320,000 per day:

6. Contract bond: 10% of the contract amount of a lump-sum deposit;

7. Prepaid money: lump sum 264,000,000 per annum (including 264,000,000/value-added tax).

8. Until the fifth of the following month after a claim for the amount completed: 11. The rate of liquidated damages shall be 1/1,000 (date).

B. On August 5, 2015, the Plaintiff obtained a construction permit that reduces the total construction area with a building area of 1,159.55 square meters and a total floor area of 1,363.13 square meters. 2) KRW 2) and the Defendant entered into an additional construction contract, such as adding volume to some of the instant construction works, around August 17, 2015, and accordingly, the Defendant carried out additional construction works.

(C) On October 15, 2015, the Defendant agreed to increase the advance payment of the instant construction contract from KRW 264 million to KRW 400 million, and to extend the completion date from October 31, 2015 to December 10, 2015. (c) The Defendant discontinued the instant construction project on December 10, 2015, which is the completion date, and the Defendant’s first installment on December 15, 2015.

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