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(영문) 서울중앙지방법원 2018.10.11 2016가단8457
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.

3...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 6, 2015, the Plaintiff and the Defendant removed the existing buildings A and B in Jung-gu, Seoul and newly built a five-story multi-household house (hereinafter “instant building”) on the said place (hereinafter “instant construction”) between the Plaintiff and the Defendant, “the instant construction contract” refers to “the instant construction contract”.

and the main contents of the instant contract are as follows.

On the other hand, after completion, SH was scheduled to purchase the instant building along with the site.

“C” Construction Contract Documents

4. Amount of a contract for construction works (2) which is KRW 515,00,000; and

5. Prepaid construction cost: 51,500,000 won (payment shall be made on the following day after submitting the commencement date after meeting the conditions under Article 2 (2) of the Special Agreement and submitting the commencement date);

6. Terms and conditions (1) The term construction costs are divided as follows, and the ratio of the content of the divided construction work (including VT) to the Plaintiff, including value added tax, KRW 10% 51,500,000, referring to the terms and conditions of the first basic sludge contract (the terms and conditions of the payment of the prepaid construction costs), 30% 154,500,000, and 10% of the completion of the third foundation construction work within 30 days after the Defendant’s approval, and the consulting engineers of KRW 51,50,000, and KRW 50% of the completion of the third foundation construction work within 30 days after the Defendant’s approval, and KRW 50% of the completion of the fourth approval for use within 30 days after the Defendant’s approval.

1. Approval of the supervisor and the defendant;

2. At the time of deposit of completion cost from the SH Corporation, KRW 100 per cent 515,00,000.

7. (1) The date of commencement of the construction period: The rate of liquidated damages on December 31, 2015: Article 2 (Liability and Obligations under Special Agreement) of the 1/1000 of the daily contract (Special Agreement) and Article 2 (Liability and Obligations) (2) The responsibility and obligations of the Plaintiff are as follows:

In addition, the cost is also included.

1. Submission of a performance guarantee insurance equivalent to 10% of the contract amount for the construction project within seven days after the seal of this contract is affixed;

2. Within seven (7) days after the date of the signing of this Agreement the amount equivalent to 10 per cent of the contract amount shall be fixed at the rate of the construction content (including VAT) divided in Article 4 (Payment, etc. of Construction Costs) for the submission of a performance guarantee insurance (contract).

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