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(영문) 대구지방법원안동지원 2019.07.18 2017가합121
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 374,745,176, and KRW 112,430,000 among them, the Defendant (Counterclaim Defendant)’s payment of KRW 374,745,176 shall be made on December 10, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. On July 27, 2016, the Plaintiff and the Defendant concluded a contract (hereinafter referred to as the “instant contract”) with the Plaintiff to newly construct a general steel structure panel site and two-story factory (hereinafter referred to as “instant factory”) on the ground (including value-added tax, 756.2m2m2, 296.8m2, 296m2, hereinafter referred to as “instant factory”) on the ground of the Dong-dong-si factory site C 239m2 (hereinafter referred to as “instant land”).

The main contents of the instant contract are as follows.

3. Date of commencement: 821,700,000 won (value of supply, 74,700,000 won, value-added tax 74,700,000 won) on November 15, 2016: 821,70,000 won;

6. Settlement condition down payment: 10% progress payment: 40% progress payment at the time of completion of steel framed works: 20% after completion of 30% at the time of completion of steel framed works:

9. The rate of liquidated damages: 0.1% - the standard terms and conditions of the contract for private construction works - Article 27 (Compensation for Delay) (1) If construction works are not completed within the deadline for completion, Eul shall pay to Gap the amount calculated by multiplying the contract price by the rate of liquidated damages in the contract (hereinafter referred to as "compensation for delay") for each number of days of delay.

Provided, That where a completion inspection has been delayed due to a cause attributable to A and where construction has been delayed due to any cause falling under any of the following subparagraphs, the penalty for delay equivalent to the number of relevant days need not be paid:

1. Cases due to force majeure events prescribed in Article 18;

2. Where it becomes impossible to carry out construction works because the supply of important materials that cannot be used as a substitute for it has been delayed due to any cause attributable to A;

3. Where the commencement of construction has been delayed or suspended due to causes attributable to Party A;

4. Where any construction work is delayed due to any other cause not attributable to B.

B. Around that time, the Plaintiff received a loan from the Defendant for the construction cost under the instant contract from the D Association as the facility fund.

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