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1. The Defendant (Counterclaim Plaintiff) paid KRW 188,704,177 to the Plaintiff (Counterclaim Defendant) and its related amount from September 6, 2018 to November 24, 2020.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. 1) The Plaintiff entered into a construction contract. On the land of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, the Plaintiff is a neighborhood living facility and accommodation facility (137 units, hereinafter “instant building”) with the size of 19 floors underground and 19 floors above ground.
2) The business of newly constructing and selling a new project (hereinafter referred to as “instant project”).
As an executor promoting the construction of the instant building, the construction of the instant building (hereinafter “instant construction”) to the Defendant on June 20, 2016.
(1) The contract was awarded and the detailed terms and conditions thereof were agreed upon as follows (hereinafter “instant First Contract”).
- The start date: - The scheduled completion date of August 1, 2016: October 31, 2017 (15 months after commencement) - the contract amount: 5,198,978,400 won (including value-added tax; hereinafter the same shall apply).
Article 10 (Period of Construction Work) ① The date of commencement and completion of construction work shall be the date specified in the contract. The date of construction work shall be the date specified in the contract.
(3) The completion date refers to the date the Defendant completed construction works and requested the Plaintiff to undergo a completion inspection in writing.
However, it shall be limited to the cases of passing a completion inspection under Article 27.
Article 17 (Extension of Construction Period) (1) Where the performance of construction works is delayed due to reasons not attributable to the defendant, such as natural disasters, force majeure events, imbalance in the supply and demand of raw materials, etc., for which the plaintiff is responsible, the defendant may request the plaintiff to extend the construction period in writing.
(2) Upon receipt of a request to extend the contract period under paragraph (1), the Plaintiff shall promptly investigate and confirm the fact, and take necessary measures, such as the extension of the contract period, so that the Corporation can perform it appropriately.
(4) The plaintiff shall not impose penalty for delay on the extended period, such as approving an extension of the contract period under paragraph (1).
Article 20 (Change or Suspension of Construction Works) (1) The plaintiff shall alter or add the contents of construction works, or make all or part of the construction works.