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(영문) 서울중앙지방법원 2017.12.07 2016가단119876

추심금

Text

1. The Defendant’s KRW 53,903,429 as well as the Plaintiff’s annual rate from September 9, 2016 to December 7, 2017.

Reasons

(a)A (referred to the Defendant) shall pay the amount of flag capacity in cash not later than the 15th of the following month after the examination and verification.

(1) A completed section: 50% of the tally completed section. (2) A completed section: 30% of the tally completed section. (3) A completed amount after the registration of sports facilities: 20% of the balance.

6. The performance guarantee, defect guarantee, and penalty for delay are omitted in the second contract (Evidence A4) of this case, but there is no dispute between the parties.

2. Defect warranty: 10% of the contract amount (the warranty period: 3 years after the completion of the work) contract (the field agent); Article 4(the main text of the contract).

(a)B shall appoint a Korean on-site agent in performing the construction project, and shall be notified and approved by A of the details of the on-site agent;

The on-site agent shall reside at the construction site during the construction period, and shall handle all matters on his/her behalf.

(b) B shall stay at the site a holding engineer suitable for the relevant type of work;

*Designation of on-site agent: Article 32 (Liability for Warranty of Defects) of the D team leader

(a) Eul shall pay the amount (hereinafter referred to as "the amount of a warranty bond") calculated by applying the rate of a warranty bond (10% of the amount under a contract) as stipulated in the contract (hereinafter referred to as "the warranty bond") to Gap by cash or guaranty insurance policy until he/she is paid the price

(2) Of the contents commonly contained in each of the instant contracts, the parts relevant to the instant case are as follows.

C. (1) A and the Defendant drafted a settlement agreement between A and the Defendant on November 20, 2014 (hereinafter “instant settlement agreement,” and the agreement pertaining thereto are as follows.

Defendant and A (Representative E) confirm that A agrees on the amount of final settlement for the reinforced retaining wall construction built by A in the C consortium development corporation as follows:

-Ar -

1. Final settlement amount;

A. Final settlement of accounts.