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(영문) 부산지방법원 2015.08.20 2013가합18663
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 593,162,609 to the Plaintiff (Counterclaim Defendant) and its amount from January 3, 2014 to August 20, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 23, 2013, the Plaintiff entered into the instant contract with the Defendant to enter into a standard contract for construction works (hereinafter “instant contract”) with respect to the construction works for the building of the Songnam Seas Facilities (hereinafter “instant construction works”).

Standard contract documents for construction works

1. A project owner: The Korea Coastal Leisure Sports Center;

2. Construction name: Construction of a facility in the ocean-going leisure sports in the course of transmitting.

3. Construction place: The full public waters in the Song-dong 759-1, Busan Metropolitan City, Daegu Metropolitan City.

4. Period of construction: February 1, 2013 (Consultation) and June 30, 2013 (150 days from the commencement date of construction).

5. Contract amount: 2,310,000,000 won (including VAT), the supply value of 2,100,000,000 won;

6. Payment of the price;

(a) Advance payment: 20% 420,000,000 won within 15 days after commencement;

(b)within 30 days after the completion of the entire peltory works at the time of completion of the peltory works at the time of completion of the entire peltory works at the time of completion of the peltory works at the time of completion of the entire peltory works within 15 days from the date of commencement of the peltory works at the rate of 20 percent of the completed

(c) Payment within 15 days from the date of receipt of the adjustment from the ordering person, in accordance with the contents and proportion thereof, within 30 days from the date of such adjustment;

7. Contract bond: Replacement with a contract performance guarantee;

8. Warranty bond rate: 3%;

9. Warranty liability period: 10.1% special engineer (0.1%) special engineer (4-1. The contractor shall not unilaterally suspend or withdraw the construction without the consultation and consent of the contractor, and shall be deemed to have waived the construction work when the construction has been suspended for at least 15 days.

(Provided, That there is no reason for the contractor (excluding legal suspension, non-sufficiency, etc.). (b)

The Plaintiff started the instant construction work from February 21, 2013 pursuant to the instant construction contract, and started the construction work from the Defendant on March 7, 2013, based on the fair rate of KRW 320,00,000, and the fair rate.

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