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(영문) 광주지방법원목포지원 2015.04.30 2013가합510
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 90,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment from December 1, 2012 to April 30, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 27, 2012, the Plaintiff was awarded a contract with the Defendant for the construction of a new apartment house on the ground B in Yong-nam Cancer-gun (hereinafter “instant construction”) as follows.

(hereinafter “The instant construction contract”). The construction period: The contract amount of KRW 966,00,00 from February 6, 2012 to August 6, 2012 (the contract amount of KRW 24,150,000 shall be KRW 193,200 on the date of the contract; the intermediate payment of KRW 193,200 on the date of the contract; the intermediate payment of KRW 193,200 on the floor of the second floor; the intermediate payment of KRW 96,60,200 on the fourth floor of the second floor; the intermediate payment of KRW 96,60,00 on the part of the second floor; the intermediate payment of KRW 362,250,00 on the 30th day of each month; the remainder of KRW 96,600,000 on the basis of the certificate of completion of use inspection: the security period of construction work; the period of construction work payment of KRW 22,300,000.

Article 9 (Period of Construction) (1) The date of commencement and completion of construction shall be the date specified in the contract.

(2) Where it is impossible to start the date of commencement of construction work without any cause attributable to B, the date of commencement of construction work by B shall be the date of commencement, and in such cases, B may request an extension of the construction period.

(3) The completion date means the date when Eul completes the construction work and a written request for a completion inspection is made to Gap.

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 the execution of construction is delayed due to a cause not attributable to B, such as a natural disaster or force majeure, situation of force majeure, imbalance in the supply and demand of raw materials, etc., and it is considerably difficult to perform the construction work, B may request in writing that A extend the construction period.

(2) Where a request is made for extension of the contract period under paragraph (1), A shall promptly investigate and confirm such fact, and the Corporation may perform it appropriately.

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