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(영문) 광주고등법원 2015.11.11 2015나815

공사대금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On December 7, 2009, the Plaintiff entered into a construction contract with the Defendant for the construction period of B (hereinafter “instant construction”) from December 12, 2009 to July 31, 2010, with respect to the construction cost at the rate of KRW 1/1,000 per day, with respect to the construction cost at the rate of KRW 1,793,000 per day, and the construction cost at the rate of KRW 1,793,00,000 (hereinafter “instant construction contract”). Around that time, the Plaintiff received KRW 537,90,000 as down payment from the Defendant.

The payment contract deposit (30%) of KRW 1,793,00,000 for the cost of construction on September 30, 201 after the amendment to the scheduled date of completion of the project before and after the amendment: 537,900,000 for the intermediate payment (30%): The intermediate payment (30%) at KRW 537,90,000: The remainder (10%) at KRW 537,90,000 for the intermediate payment (10%): 179,300,000 for the intermediate payment (43.4%): 537,90,000,000 for the intermediate payment (24.2%): 30,000,000 for the intermediate payment (24.2%): 30,000,000 for the supplementary concrete structure (24.2%) for the remainder after the completion of the construction project (24:30,000,000 for the supplementary concrete structure)

Article 9 (Advanced Payment) (3) The plaintiff shall not use the advance payment for any purpose other than the purpose of fulfilling the contract, and shall use it preferentially for the payment of wages and the securing of materials.

(4) A advance payment shall be settled at each time the price for a completed portion is paid according to the following methods:

선금정산액`=`선금액` TIMES {기성부분의```대가} over {계약금액} 변경 전 제16조 (내용은 변경 후와 같다) 제14조 (공사기간의 연장) ① 피고의 책임있는 사유 또는 천재지변, 불가항력적인 사태, 원자재 수급불균형 등으로 현저히 계약이행이 어려운 경우 등 원고의 책임이 아닌 사유로 공사수행이 지연되는 경우 원고는...