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Plaintiff (Counterclaim Defendant) shall pay 21,259,557 won to Defendant (Counterclaim Plaintiff) and its related thereto from January 26, 2019 to January 12, 2021.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
In fact, on May 17, 2018, the Plaintiff entered into a contract for construction works between the Plaintiff and the Defendant for construction works (hereinafter “instant construction works”) with respect to the new construction of the facilities and multi-family houses adjacent to the ground (hereinafter “the instant construction”) outside of Dongcheon-si, the construction cost of which is KRW 51 million (hereinafter “the instant contract”): The scheduled date of completion on May 24, 2018: The payment of the down payment - the intermediate payment of KRW 50 million - the intermediate payment of KRW 110 million - the intermediate payment of KRW 2-110 million after the commencement of the construction, the intermediate payment of KRW 370 million after completion of the construction work, the intermediate payment of KRW 70 million after completion of the construction work, the remainder payment of the construction cost of KRW 300,000,000,000 to KRW 300,000 after completion of the construction work; the remainder payment of the construction work and the remainder payment of KRW 300,0,00,00.
The period of defect: The amount calculated by multiplying the contract price by the delayed rate of prize on the contract shall be paid to the plaintiff for each number of days immediately when the construction work is not completed within the deadline for completion. The defendant shall pay to the plaintiff the amount calculated by multiplying the contract price by the delayed rate of prize on the contract, if the construction work is not completed within the deadline for completion.
Provided, That where a completion inspection is delayed due to a cause attributable to the plaintiff and where construction is delayed due to any of the following reasons, a delayed prize 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 proceed with construction works because the supply of important materials that the defendant is unable to use as a substitute has been delayed due to the loss of responsibility of the plaintiff.
3. Where the commencement of construction has been delayed or suspended due to the plaintiff's fault;
4. Where Corporation is delayed due to any other cause not attributable to the defendant.
1. Floor facilities, pipes, and concrete buildings necessary to extend a temporary building after quasi-public construction;
2. Up to 2 up to 3 stories.