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1. According to the standard contract for private construction works concluded on March 11, 2014 by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 11, 2014, the Plaintiff entered into a contract for the instant construction work with the Defendant, setting the construction cost of KRW 561 million for the new construction of Seoul Gangnam-gu District Religious Facilities (hereinafter “instant contract”). From March 17, 2014 to July 30, 2014, the Plaintiff entered into a contract for construction work with the Defendant (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
Construction Contract
1. Construction name: New construction works of religious facilities B;
2. Construction site: Gangnam-gu Seoul Metropolitan Government B;
3. Date of commencement: Scheduled date of completion on March 17, 2014: The contract amount on July 30, 2014: KRW 561,00,000 (excluding value-added tax) (excluding value-added tax) (163,664,223 won in the above contract amount).
7. Advance: To pay 280,000 won (280,500,000 won) - When submitting performance guarantee insurance and performance guarantee insurance to a contractor for a construction mutual aid association (the rate of advance payment shall be completed up to the temporary installation, reinforcement soil, irrigation, excellent public works, H beam, and reinforced concrete construction works);
8.The second period of payment (56,100,000 won) of the completed portion of the construction (in accordance with the construction progress ratio), the panel of the second period of payment (56,10,000 won) at the time of completion of the construction work, the third period of payment (84,150,000 won) at the time of completion of the construction work, the last period of payment (84,150,000 won) at the time of completion of the construction work, the last period of payment (84,150,000 won) within 15 days at the time of completion of the construction work and the completion inspection (the remaining amount of 84,150,000 won) and the remaining amount of payment within 30 days at the time of completion of the construction work shall be the value-added tax separate. 2/1,000 interest rate of delay in payment:2/1,00 of the construction work and general terms of construction contract (the period of commencement and completion).
(3) The completion date refers to the date the Defendant completed construction works and requested the Plaintiff to undergo a completion inspection in writing.
Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.
Article 17 (Supplementary Construction Works) (1) The plaintiff is a design during construction works executed by the defendant.