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(영문) 창원지방법원 2016.08.18 2014가합1355 (1)
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 115,563,700 to the Plaintiff (Counterclaim Defendant) and its related amount from June 18, 2015 to August 18, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

On the premise, the plaintiff is a corporation with the purpose of building construction business, etc., and the defendant is a corporation with the purpose of manufacturing tools alone.

1. Construction cost: One thousand five hundred thousand won (excluding value-added tax);

2. Construction period: Article 9 [Period of Construction] from June 22, 2013 to October 10, 2013; (2) Where it is impossible to start the commencement on the date of commencement of construction without any cause attributable to the plaintiff, the date of commencement of construction shall be the date of commencement; and in such cases, the plaintiff may request an extension of the construction period.

(3) The date of completion means the date the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.

Provided, That it shall be limited to cases of passing a completion inspection.

Article 27 [Compensation for Delay] (1) When the plaintiff fails to complete construction within the deadline for completion, he shall pay to the defendant the amount calculated by multiplying the rate of 3/100 for delay by the contract price (hereinafter referred to as "compensation for delay") for each number of days of delay.

Provided, That where a completion inspection has been delayed due to a cause attributable to the defendant and where construction has been delayed due to any cause falling under any of the following subparagraphs, the penalty for delay equivalent to the number of relevant days need not

3. Where the commencement of construction has been delayed or suspended due to reasons attributable to the defendant;

4. In the event that the Corporation was delayed due to any other cause not attributable to the Plaintiff’s liability, the Plaintiff received a contract from the Defendant on June 20, 2013 for the remodeling work for the C-ground factory building at the window of Changwon-si (hereinafter “instant factory”) (hereinafter “instant construction”).

(hereinafter “instant construction contract”). On November 28, 2013, the Defendant requested the head of Chang-si, Chang-si, Chang-si to complete the construction of the instant factory and obtained approval for use on December 4, 2013.

The Defendant paid KRW 1,140,000,000 to the Plaintiff as the construction cost of the instant construction project.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4 shall include a number.

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