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(영문) 청주지방법원 2020.05.22 2018가단34537

약정금

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a housing association established to build collective housing in the So-gu So-gu, So-gu, Chungcheongnam-gu.

B. On December 2017, the Plaintiff and the Defendant concluded a service contract for the production and installation of art decorations (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

1. Title of contract: A contract for manufacturing art decorationss and food products in multi-family housing of B housing association;

2. Name of the company: The plaintiff;

3. Place of installation: Cheongju-gu, Cheongok-gu, other than C.

4. Term of contract: The contract amount from December 17, 2017 to May 31, 2020: KRW 367,260,000 (Won 367,260,000).

6. Warranty period: Two years from the date of completion; and

7. Contract bond (2%) - General Conditions of Contract - Article 2 [production of Works] (1) “B (referring to the plaintiff; hereinafter the same shall apply)” shall submit a plan to establish art decorations and food facilities for creative works to be installed at the site of a party to “A (referring to the defendant; hereinafter the same shall apply).” Accordingly, it shall be obligated to obtain deliberation after filing an application for deliberation pursuant to Article 14 of the Enforcement Decree of the Culture and Arts Promotion Act related to the production of works and to obtain deliberation, and shall be installed at the site of “A” on the basis that it has obtained prior to deliberation.

(2) Notwithstanding paragraph (1) above, if "B" considers it partially necessary to increase the value of the sculptures and functional aspects, it may be corrected after consultation with "A".

(3) "B" shall complete the installation of artistic creative decorations at a place determined for deliberation by not later than the date prior to the inspection of use of the multi-family housing.

(4) In principle, the relevant contract works shall be made and installed in D.

Article 3 [Payment of Price] (1) The price for the production and installation of this work shall be paid in cash as follows:

The total amount of KRW 20% when completion of deliberation of KRW 36,726,00 at the time of receipt of deliberation of KRW 73,452,00,00, KRW 20 per cent at the time of completion of deliberation of KRW 73,452,00 at the time of completion of deliberation of KRW 50 per cent at the time of completion of inspection of usage of KRW 110,178,00 at the time of completion of inspection of usage of KRW 73,452,00.