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(영문) 서울중앙지방법원 2021.03.25 2019가단5131704
공사대금
Text

1. Defendant (Counterclaim Plaintiff) filed against the Plaintiff (Counterclaim Defendant) KRW 2,416,269 and the Plaintiff’s counterclaim from April 1, 2019 to March 25, 2021.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 18, 2018, the Plaintiff entered into a contract for a construction project (hereinafter “instant construction project”) with the Defendant for the construction of a new and multiple houses located in Gwanak-gu Seoul Special Metropolitan City (hereinafter “instant building”) (hereinafter “instant construction project”): 1.21 billion won (including value added tax), the construction period: June 25, 2018 to December 31, 2018; 2 years after the end of the contract; 1.5 years after the end of the contract; and 0.1% (hereinafter “instant construction project”).

2) Of the contents of the instant construction contract, the part relating to the instant case is as follows.

Article 19 (Payment) (3) Where the defendant fails to pay the price of construction within the payment deadline, he/she shall pay the interest calculated by applying the overdue interest rate applied to the general loan of commercial banks in the number of days from the day following the payment deadline to the day of payment.

Article 20 (Late Performance Delay) (1) The plaintiff shall pay to the defendant the amount calculated by multiplying the contract price by the delayed rate for each number of days for which the construction has not been completed within the deadline for completion of construction (hereinafter referred to as "Late Performance Prize").

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, infectious diseases, restrictions on access for prevention of epidemics, or other reasons not attributable to the plaintiff.

Article 28 (Matters of Special Agreement) ① Payment of the down payment (180 million won at the time of the completion of the contract, and KRW 160 million at the time of the completion of the civil engineering work) KRW 180 million at 4 times in total (20 million at the time of the completion of the construction work) the remainder (20 million in total) of the 180 million in total (20 million in the height of the building) (20 million shall be paid within three months after the completion of the construction work, and the remainder shall be paid in the priority order at the time of the deposit of the pre-paid deposit) of the Plaintiff agreed between the Defendant and the Plaintiff on July 2, 2018.

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