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(영문) 부산지방법원 2014.12.18 2013가합19802
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) received KRW 112,701,000 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. On November 2012, the Plaintiff and the Defendant: (a) with respect to the construction of a building listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”; and (b) with respect to the construction of a building on the seven-story scale of the land listed in the attached Table No. 1, which is owned by the Plaintiff (hereinafter “instant building”; and (c) together with the real estate listed in the attached Table No. 1, “the instant real estate”; (d) the date of commencement: November 20, 2012; (e) the date of completion: the scheduled date of completion: the contract amount: - the contract amount: 441,490,000 won (including value-added tax - the rate of penalty for delay: 1,00

1. Ten percent in advance;

2. 20% of the existing 4th floor of the aggregate.

3. 30% at the time of the last floor of the aggregate structure.

4. 20% after the relocation of snow.

5. The balance of 30 days after completion and 20% general conditions of the contract for private construction works. Article 25 (Payment of Price) (2) A shall pay the contract price to B at the same time as the object of the contract is delivered, unless otherwise stipulated.

Article 27 (Compensation for Delay) (1) When construction work has not been completed within the deadline for completion, Article 27 (Compensation for Delay) (1) shall pay the amount calculated by multiplying the delayed prize rate in the contract by the contract price (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 shall not be paid:

Article 28 (Defect Security) (1) In order to guarantee the repair of defects of construction works, Eul shall pay the amount calculated by multiplying the contract price by the rate of the warranty bond for defects (hereinafter referred to as "guarantee bond for defects") set forth in the contract by the contract amount, and until the price of the construction works is paid in cash or a written guarantee issued by the guarantee agency referred to in each subparagraph of Article 4 (2), after

Article 34 (Concurrent Performance Voyage of B) (1) If A delays in the payment of advance payment and completed portion under the terms of the contract, then B shall be fixed at a reasonable time.

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