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(영문) 서울중앙지방법원 2016.05.17 2015가단5093835

공사대금

Text

1. The Defendant is from March 10, 2015 to May 6, 2015 and from May 7, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On January 9, 2015, the Plaintiff entered into a contract for the construction period of KRW 158 million (excluding value-added tax) with respect to the interior works of the Defendant and the Incheon Operation Group C, located in Gyeyang-gu, Incheon, Incheon, BD 101, from January 11, 2015 to February 6, 2015, and the construction cost of KRW 158,000,000 (excluding value-added tax); on the timing and method of payment, KRW 30,000 as to the down payment, the first intermediate payment of KRW 20,000 on January 11, 2015 and the second intermediate payment of KRW 50,000 on January 21, 2015 and the second intermediate payment of KRW 50,000 on January 31, 2015 and the second intermediate payment of KRW 30 million on February 6, 2015 (hereinafter “instant construction contract”).

The main contents of the interior contract of this case are as follows.

- The interior work contract (A: the defendant, B: the plaintiff)-2 (construction cost) shall pay the down payment to B before the commencement of the work, and shall not delay the payment without justifiable grounds in relation to the payment of the construction cost, and the plaintiff shall not be responsible for the delay.

The defendant shall pay 10% interest for delay to the plaintiff at the rate of 10% per annum from the day following the date of payment to the date of full payment.

Article 3 (Details of Construction Works) (1) B shall submit design documents (such as drawings, specifications, construction specifications, etc.) to Gap before the commencement of construction works and obtain approval therefor.

(2) The quality and specification of materials to be used for construction shall coincide with design documents.

Provided, That where the name of quality is not clearly defined in the design documents or the relevant materials are cut off, it may be determined differently through mutual consultation.

Article 4 (Change and Adjustment of Construction Work) (1) When any change or addition is made to the contents of construction work at the request of the defendant during the construction work or at the request of the defendant after the completion of construction work, the plaintiff may comply with it, and the defendant shall pay additional

A change of construction after the completion of construction shall be processed in accordance with a separate contract.

§ 5. Defects.