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(영문) 수원지방법원 2017.07.21 2014가합10406
공사잔대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 76,456,191 to the Defendant (Counterclaim Plaintiff) and its related amount from May 18, 2017 to July 21, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 17, 2013, the Defendant concluded a construction contract that the Defendant performed under contract (hereinafter “instant construction contract”) with the Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”) by setting the construction period as KRW 20.168 billion from June 17, 2013 to November 30, 2013.

B. On August 22, 2013, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with the Plaintiff on the condition that the Plaintiff subcontracts the drainage construction work of the said golf course No. 1 and No. 2 to the Plaintiff from June 17, 2013 to November 30, 2013, KRW 1.84 billion (hereinafter “instant subcontract”). The instant subcontract agreement was concluded between the Plaintiff and the Plaintiff.

7. Advance payment 1) Advance payment: The payment for completed portion 2) no matter corresponding thereto: The payment for completed portion once a month: The payment for completed portion shall be made 65 days after the end of the monthly settlement of accounts in cash, in accordance with the general contract terms and conditions of the site, the special contract terms and conditions of the construction contract and the standards for the commencement of construction works at the site as a special contract and the contract terms and conditions of modern construction construction, and the portion of the construction to be executed shall be reconstructed and taken regardless of the quantity and frequency;

(2) “B” may construct the instructions of the principal contractor and “A (Defendant)” on the premise that 100% thereof is carried out, and in the event that the construction defects, ground subsidence, or other processes are not carried out smoothly, “B” may direct reconstruction or additional construction to “B”, and “B” shall carry out it immediately.

(3) The quantity of construction shall be calculated on the basis of the completed quantity with the contractor.

(4) The terms "A (Defendant)" and "B" recognize the increase where the ordering authority and the original contractor recognize the increase, and agree that the other increase is not acceptable in entirety.

(5) A defect that occurred between the ordering authority and the original contractor before completion and transfer is completed.

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