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(영문) 수원지방법원 2013.01.10 2012가합10044

전부금

Text

1. The Plaintiff:

A. From March 30, 2012, Defendant Geum River Construction Co., Ltd., 23,328,930 won and its related amount.

Reasons

1. Basic facts

A. Defendant Geum River Construction Co., Ltd. (hereinafter “Defendant Geum River Construction Co., Ltd.”) contracted the construction of facilities installed in the 436th glass of Dobong-do at the time of the Marine Corps headquarters with Defendant Geum River Construction Co., Ltd. (hereinafter “B”) on June 26, 201, and entered into a subcontract with regard to the construction of reinforced concrete among the said facilities (hereinafter “instant 1”) (hereinafter “instant subcontract”).

【Standard Subcontract Agreement for Construction Works】

5. Contract amount: 385,000,000 won; and

6. Payment of the price;

(b)on the last day of the following month after a claim was made. (1) Cash (2) at the end of the following month (100%)

(c) Adjustment of payments and payment following design changes, economic situation changes, etc.;

9. Warranty bond rate: 3% 10. 10%: 5 years from the date of completion of the original contract (in coordination with related construction works), Article 4 (Adjustment with Related Construction Contract) (1) In the case of the comprehensive construction of Defendant Geum River, when it is necessary to coordinate construction works related to this project in order to facilitate the contracted construction, the period of construction, contents of construction, contract amount, etc. of this project may be modified after consultation with B company.

Article 20 (Payment of Price) (1) Construction of the defendant Geum River General shall pay the price to the company B by the due date set within the limit of 60 days from the date of the object.

(2) The defendant Geum River Construction shall pay the subcontract price if he/she receives the completion money from the ordering person, and the amount equivalent to the portion executed by the company B if he/she receives the progress payment, to the company B within 15 days (the due date, if the due date for the payment comes earlier) from the date of receipt

Article 23 (Defect Security) (1) Company B shall pay the amount calculated by multiplying the contract amount by the rate of the defect warranty bond fixed in the contract by the contract amount, to Defendant Geum River Construction with cash or any of the following certificates, after completion inspection and until the price for the construction is paid:

except that the Corporation.