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(영문) 대전지방법원 2018.07.19 2016가단2441
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 9,390,734, and KRW 4,390,734 among them, the Defendant (Counterclaim Defendant)’s payment of KRW 9,390,734 on December 10, 2013.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff is an individual entrepreneur engaged in the construction business under the trade name of “C”, and the Defendant is the owner who requested the construction to the Plaintiff.

B. On June 12, 2013, the Plaintiff and the Defendant concluded a contract for the following (hereinafter referred to as the “instant contract”) with respect to the construction of neighborhood life and detached houses (hereinafter “instant building”) with the orderee, the contractor, as the Plaintiff, with respect to the construction of the instant building:

【Standard Contract for Private Construction Works】

1. Name of the project: E project;

3. Date of commencement: June 13, 2013 (within two days after removal of an existing building).

4. Date scheduled for completion: The contract on September 30, 2013 is stated as “ September 31, 2013, but this is deemed as a clerical error on September 30, 2013.”

5. Total amount of contract: 310,000,000 won (including expenses for demolition of existing buildings);

8. End Payment: The warranty liability of the contractor and the contractor for defects on 10. 13 years and 13. Other matters: the warranty liability of the contractor for defects on 2 years and 13. : the contractor and the contractor undertake to enter into a contract by the contract document attached under an agreement and perform their contractual obligations in good faith, and shall prepare two copies of the contract document as evidence of this contract and keep one copy.

Documents to be attached:

1. One set of the general terms and conditions of the contract for private construction works [the general conditions of the contract for private construction works] Article 9 (Period of Construction Works) (1) The date of commencement and completion shall be the date specified in the contract;

(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 this shall be limited to the cases of passing a completion inspection under Article 24.

Article 16 (Extension of Construction Period) (1) Where it is extremely difficult to perform the duties due to a natural disaster or force majeure majeure, or a imbalance in the supply and demand of raw materials, etc.

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