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(영문) 서울중앙지방법원 2016.09.21 2014가합592733

공사대금

Text

1. The Defendant’s KRW 179,052,247 as well as 5% per annum from May 15, 2014 to September 21, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On September 13, 2013, the Plaintiff entered into a subcontract with the Defendant, as well as the Defendant, and the Plaintiff, on the land (E store; hereinafter referred to as the “instant building”). D neighborhood living facilities (E store”) on the ground and five parcels outside the Yongsan-gu, Yongsan-gu, Busan Metropolitan City.

2) A new construction project (hereinafter referred to as “instant construction project”)

As to the contract amount of KRW 560,00,000 (including value-added tax) and the period of construction from September 13, 2013 to October 30, 2013, the subcontract (hereinafter “instant subcontract”) is determined as to the contract amount.

AB concluded the agreement.

The main text of the instant subcontract

5. Progress portion: Advance payment (including KRW 77,00,00,000, value-added tax), and progress payment ( condition for approval at the end of the following month).

6. Contract performance guarantee: 10% of the subcontract amount (Seoul Guarantee Insurance Policy issued).

7. The rate of warranty bond: 5% of the subcontract amount (Seoul Guarantee Insurance Policy issued);

9. The rate of liquidated damages: 0.3% of the subcontract amount per day of delay; 12. This contract is a contract entered into by the Plaintiff in consideration of the method of construction, quantity and unit price necessary for the new construction of the D neighborhood living facilities (E store) after the on-site inspection, and is a contract entered into by taking into account the change in quantity, etc. of the contract, without changing the contract

1. A prior investigation and review 1-1. The plaintiff shall fully examine in advance the design documents, contracts, special agreements, and site descriptions, and even if there are any matters not specified in the drawing, matters that naturally require construction in terms of structure, appearance, or function shall be implemented by the burden of the plaintiff's responsibility.

5. 5-1 The Plaintiff is obliged to complete the contract without changing the subcontract amount, since the drawings of the Plaintiff are examined in advance even in cases where the volume has increased due to all matters related to the contract, such as design change, adjustment, examination, inspection, and change of execution method, etc.

Provided, That where a cause for reduction occurs, such as failure to perform construction, change of appearance, etc., the reduction shall be settled.

2) The instant subcontract agreement pertains to construction works subcontract agreement (hereinafter referred to as “instant contract”).