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(영문) 부산지방법원 2015.10.08 2014가단55440
공사대금등
Text

1.(a)

Defendant Counterclaim Co., Ltd. (Counterclaim Defendant) pays KRW 11,605,600 to the Plaintiff (Counterclaim Defendant).

(b).

Reasons

Basic Facts

On March 4, 2014, the Plaintiff entered into a construction contract with the Defendant Company with the amount of construction cost of KRW 100 million (excluding value-added tax) for the interior works of the Egyptian golf course located in Busan Jung-gu D9 stories (hereinafter “instant construction works”).

(B) Nos. 1 and 3 (hereinafter “instant contract”). The main contents of the instant contract are as follows.

[In the case of the contract term among the following contract terms, the document No. 1, which is the contract term submitted by the defendant, is blank, but is attached to the written contract submitted by the plaintiff (written appraisal) by the plaintiff.

) The following are written. In light of the date of payment of the balance, the scheduled date of open, the period of time written in the contract submitted by the Plaintiff, and the fact that the body written in the contract submitted by the Plaintiff is identical to the remaining body, etc., the contract period shall be deemed to have been agreed upon under the contract submitted by the Plaintiff. The contract period of contract shall be 28 days from the contract date of the payment of the balance (excluding value-added tax) first (the contract amount and the advance payment) first (the contract amount), March 6, 2014, 200,000 won second (the intermediate payment), March 16, 2014, 16, 200,000 won, three (00,0000 won), which is KRW 20,000,000,000 from the contract date.

The design according to the construction work shall be determined by “A” (the plaintiff) and the construction work shall be executed on March 3, 2014 from March 3 to March 31, 2014 (Provided, That it may be delayed if the change of the construction plan, “A,” or the amendment of relevant laws and regulations, the surrounding civil petitions, or any other inevitable circumstances arise, and the construction work for the design production shall be commissioned by “B” (the defendant company).

When the construction delay "B" delays the construction (design) work without good cause, it shall pay to "A" compensation for delay equivalent to 2/1,000 of the amount of the construction (design) for each day.

(Provided, That the completion of the construction work for the completion of the construction work shall be fully examined and confirmed by “A” and shall be modified, instructed and constructed to “B” before the commencement of the construction work where there is any defect.

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