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(영문) 대전고등법원 (청주) 2018.02.06 2016나296
공사대금
Text

1. The part concerning the counterclaim in the judgment of the court of first instance shall be modified as follows:

Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On May 1, 201, the Plaintiff entered into a construction contract with the Defendant on May 1, 2011, and C Ground Living Facilities and Officetel in Yeong-gu, Chungcheongnam-gu (hereinafter “instant building”).

) New construction works (hereinafter “instant construction works”)

2) As to the contract agreement (hereinafter “instant contract for construction”)

AB concluded the agreement.

The main contents of the instant construction contract are as follows.

Contract for Construction Works

3. Date of commencement: The scheduled completion date of May 20, 201: 600,000 won (including value-added tax) for the supply price of 6,600,000,000 won on March 30, 2012: 6,000,000 won: 6,000,000 won.

7. Division of contract amount (1) Division: 600,000,000 won (including value-added tax) for the first installment payment: 250,000,000 won (including value-added tax) for the second installment payment: 2,670,000 won for the second installment payment: 3,080,000 won for the second installment payment (including value-added tax): 3,000,000 won for the second installment payment: 3/100 for the second installment payment: 3/100 for the third installment payment: if there is any conflict between the standard contract for private construction works as of May 15, 201 and the contents of this contract, the contents of this contract shall prevail.

2. Determination on the subdivision of substitute goods: approximately KRW 40 square meters 15,00,000 = 600,000 officetels 600,000 = 69,000,000 = Total amount of substitute goods of KRW 2,070,000 = 2,070,000 (including value-added tax under this contract) 2) The general conditions included in the instant construction contract (hereinafter “general conditions for the instant construction contract”).

The contents of the instant case are as follows. Article 15 of the General Conditions for the Contract for Construction Works (where the performance of construction works is delayed due to a cause not attributable to the Plaintiff, such as extension of the construction period, a cause not attributable to the Defendant, natural disaster, or force majeure event, etc., the Plaintiff may request in writing the Defendant to extend the construction

(2) Where there is a request to extend the contract period under paragraph (1), the defendant shall promptly investigate and confirm such fact, and ensure that the Corporation can perform it appropriately.

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