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(영문) 서울중앙지방법원 2016.10.20 2014가합572326

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 42,157,639 to the Defendant (Counterclaim Plaintiff) and its amount from June 10, 2016 to October 20, 2016.

Reasons

.The payments shall be settled;

When the contract is concluded for the remainder of the down payment (10%) intermediate payment (30%) (40%) (20%) (20%) the contract shall be determined in the order of 30,603,76591,81,294122,415,05,05861,207,529 of the project owner's direct order of ordering construction shall be determined in the order of 50,30% from the completion of the floor of the 2nd floor of the 2nd floor, and 20% from the completion date of the 2nd floor of the 2nd floor.

【Special Time Specifications

1. Civil petitions shall be handled en bloc by the plaintiff when construction works occur;

(no additional cost is available)

2. It shall not incur any additional cost in the event of design change;

3. The contract for construction works shall be based on a written estimate and specifications.

5. The repair and guarantee for the project owner's direct order shall be guaranteed by the Plaintiff.

6.The 10% of the down payment sent by the owner shall be transferred from the East SFC to the Plaintiff.

[Written Estimate] Amount: including estimate 306,037,645:

1. Charges for various facilities (electric, communications, gas, water supply, etc.);

2. Purchase tax;

3. include design/supervision costs;

4. including furniture and divers (see special term specifications);

5. Construction cost as ordered by special specifications * Construction cost per project owner : 213,962,355 won; and

C. As the Plaintiff ceased construction work on or around December 13, 2013, the Defendant sent a peremptory notice to the Plaintiff on or around December 31, 2013, stating that “where the suspended construction work is not resumed within 10 days or it does not proceed with construction work based on the normal process rate, the Plaintiff would cancel or terminate the construction contract if it would express its intention to resume construction work,” and that the said peremptory notice reached the Plaintiff on or around January 2, 2014.

On January 9, 2014, the Plaintiff respondeded to the effect that the additional construction cost, which was undertaken with the Defendant’s approval, is KRW 154,578,00,00, and the instant construction was not resumed.

E. On January 19, 2014, the Defendant (around January 19, 2014, hereinafter “Esio General Construction”) and the tesio General Construction Co., Ltd. (hereinafter “Esio General Construction”) with respect to the tesio General Construction of the instant building, and the tesio General Construction Division on February 10, 2014.