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(영문) 수원지방법원안산지원 2015.07.23 2013가합21991
정산금 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a)payment of 516,534,491 Won;

(b) KRW 16,00,000 and this shall apply;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 18, 2012, the Plaintiff awarded a contract to the Defendant for the construction of Songpa-gu Seoul Officetel (hereinafter “instant construction”) with the construction cost of KRW 3.74 billion (including value-added tax) and the construction period from June 13, 2012 to March 31, 2013.

The main contents of the instant construction contract are as follows.

Article 22 of the Building Standard Contract (Evidence A 1) (1) The defendant may adjust the construction site, such as the removal, removal, etc. of surplus materials, waste materials, temporary materials, etc. immediately after passing the plaintiff's completion inspection, and claim the payment of the construction cost to the plaintiff.

(2) The plaintiff shall pay the construction price simultaneously with the delivery of the object of the contract, unless otherwise stipulated.

Article 23 [Compensation for Delay] (1) When the defendant fails to complete construction works within the deadline for completion, he shall pay to the plaintiff the amount calculated by multiplying the rate of compensation for delay (1/100) by the contract price (hereinafter referred to as "compensation for delay") for each number of days of delay.

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, restrictions on access for prevention of contagious diseases, or other reasons not attributable to the defendant.

Article 1 [Legal Relations and Documents to be Submitted] of the Special Agreement (Evidence No. 2, hereinafter referred to as the "Special Agreement") (1) The defendant shall assume all civil and criminal responsibilities for all civil petitions and damage incurred in the course of construction.

② The Defendant may not transfer part of the civil petition to the Plaintiff.

Article 2 [Scope of Construction Contract] The amount of construction contract includes all necessary items for construction work.

1. 1. All building costs include both civil engineering works, parking facilities, household appliances, and furnitures. 3. Construction supervision costs per category except building supervision may be designated by the Plaintiff.

2 Construction supervision costs shall be paid by the Plaintiff.

4. Expenses incurred in relation to additional construction costs;

6. Change of use and.

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