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(영문) 서울중앙지방법원 2017.02.17 2015가합523512

공사대금

Text

1. The Defendant’s KRW 194,432,521 as well as the Plaintiff’s annual rate of KRW 6% from November 28, 2014 to February 17, 2017.

Reasons

. The design and construction contract (hereinafter “instant contract”) with respect to the interior works (hereinafter “instant construction works”) was concluded.

B. The part related to the issue of this case among the terms of the contract of this case which the plaintiff and the defendant agreed finally is as follows.

Article 4 (Land Compensation) of the General Conditions of the Construction Contract "B (referring to the plaintiff)" (referring to the plaintiff) shall strictly comply with the date on which the production and construction (installation) is completed, and "A (referring to the defendant)" (referring to the defendant) shall pay "B" 1% of the total contract amount per day of delay per day after deducting the total contract amount from the total contract amount by compensation for delay.

Article 6 (Period of Construction Works) The period of construction under this Agreement shall be as follows:

* Commencement: February 7, 2014* Completion: the contract amount under this Agreement, Article VII (Contract Amount) dated May 31, 2014, shall be as follows, and shall specify that this includes the amount including the construction of all interiors and the scope of permission.

*The value of supply: The value of daily gold price (60,000,000 won) * Additional tax: daily gold price (60,000,000 won) * Total amount of contract * The amount of daily gold price (60,000,000 won) * The amount of daily gold detention (660,000,000 won) * The amount of payment (3) ? “A” shall be paid to “B” after entering into a contract under the following conditions:

* Balance: “A” shall pay to “B” any balance remaining after the completion of the manufacture, installation, and examination of construction, and permission to “B” in the event that the conditions for the designation are met.

Of the total amount of the contract, KRW 55,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000 shall be paid to “B” only if the following conditions of payment are satisfied:

(1) In principle, payment shall be made within 30 days after completion.

(2) The term "B" of the defect repair performance bond shall be submitted to "A" (to be submitted by the day immediately before the settlement date). (3) When a tax invoice on the amount of a construction contract is submitted to "A" (to be submitted by the day immediately before the settlement date)

(5) "A" shall be deemed to have completely completed the interior works of a construction work.