(영문) 수원지방법원성남지원 2019.07.05 2017가합402986

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(영문) 수원지방법원성남지원 2019.07.05 2017가합402986

공사대금

Text

1. On the Plaintiff (Counterclaim Defendant),

A. As to the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) KRW 202,467,503 and KRW 85,185,503 among them, the Defendant-Counterclaim Plaintiff’s KRW 202,467,503.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On January 18, 2016, the Plaintiff, a construction company, is the Plaintiff, on the ground D, E, and on the ground of the Yongsan-si District D on the ground (hereinafter “F building 1” and “instant building 2” in sequential order, between Defendant B and Defendant B.

(C) the contract amount of 3,909,400,000 won (including value-added tax) for the new construction (hereinafter referred to as “instant primary contract”).

(2) On January 18, 2016, the Plaintiff entered into a contract (hereinafter “instant secondary contract”) with Defendant C (the spouse of Defendant B) for the construction of “F building 3” (hereinafter “instant building”) on the ground of the G of the Suwon-si Area G on the same day, collectively referred to as “each of the instant buildings” and “each of the instant buildings,” and the contract amounting to KRW 765,60,000 (including value-added tax) with respect to the new construction of each of the instant construction works (hereinafter “instant construction works”). The Plaintiff entered into a contract (hereinafter “instant secondary contract”) with the instant primary contract and collectively referred to as “each of the instant contracts”).

3) According to each of the instant contracts, the date of commencement of each of the instant new construction works shall be January 20, 2016; the date of completion shall be September 15, 2016; the date of completion shall be paid once a month as the completed portion; and the payment period shall be 90% of the total contract amount until completion; 10% of the remainder shall be paid within three months after completion; the warranty period shall be 3%; the warranty period shall be 3%; the warranty period shall be 2%; the delay period shall be 1/100 per day; and the delay rate shall be 1/100 per day. The main contents of each of the instant contracts shall be as follows:

(2)A notification document between the parties to the contract under the conditions set out in this paragraph.

유사 판례

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