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(영문) 서울서부지방법원 2016.12.01 2014가합33444
약정금
Text

The Plaintiff (Counterclaim Defendant)’s respective principal claim against the Defendant Song Construction Co., Ltd. and the Defendant (Counterclaim Plaintiff) Co., Ltd. and their respective principal claim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts below the basis of facts are either in dispute between the parties or in accordance with Gap evidence Nos. 3, 12, 19, and Eul evidence No. 1-1, the whole purport of the pleadings can be acknowledged.

On October 25, 2012, the Plaintiff was awarded a subcontract with the amount of KRW 3,930,00,000 (including value-added tax), the construction period of construction from October 25, 2012 to February 28, 2014, with compensation for delay as the amount of KRW 0.1% of the daily contract amount per day, among D apartment construction works on the ground of KRW 63,00,00,000 (hereinafter “instant earth construction”) among D apartment construction works on the ground of KRW 3,930,000,000 (including value-added tax), and the Plaintiff was awarded a subcontract by determining it

(hereinafter “instant subcontract agreement for construction works”). The main contents of the said contract, including the terms and conditions of the said contract, specifications, etc., are as follows:

Matters of special agreement

6.The amount of this contract is calculated in accordance with the drawings and site descriptions, so that there is no difference in the drawings and quantities presented at the time of the site descriptions, a request for the adjustment shall be made not later than the date of the contract, and even if any omission is found later, the plaintiff shall be responsible for all relevant works, and even if there is no objection to the proposed quantity, the plaintiff shall not recognize any increase in the construction cost other than the matters to be modified on the basis of the initial design plan. 3) In principle, the increased or decreased quantity shall be settled within the scope of the final fixed quantity, but a minor increase or decrease in quantity in accordance with the minor design change or the direction of the Director in charge shall not affect the contract amount.

5) The contract may be destroyed in the following cases. (5) The quantity of soil and rocks to be modified shall be determined after the implementation of the current status survey within five (5) days after the contract is concluded and the construction shall be carried out, and the modified quantity shall be the quantity determined after the execution of the current status survey, and it shall be seven (7) days after the survey of the current status survey results (the current status survey map, the quantity calculation report, etc.) at the time of the modification.

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