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(영문) 서울북부지방법원 2018.08.30 2017가합20511

공사대금

Text

1. The defendant,

A. The plaintiff A shall be paid KRW 103,50,000 to the plaintiff, and KRW 7,050,000 among them shall be KRW 7,050,000 from the plaintiff A.

Reasons

Plaintiff

A (hereinafter referred to as “Plaintiffs” in paragraph (1) recognized that the determination of the claim for the construction cost of DNA test as to the claim against “E” was received from the E Co., Ltd. (hereinafter referred to as “E”) “D New Tourist Accommodation Construction Corporation” (hereinafter referred to as “D New Tourist Accommodation Construction Corporation”).

Standard Subcontract Agreement for Construction Works

2. Name of the subcontracted construction business: The rate of warranty bond for delay and the rate of warranty bond for defects on December 1, 200 ("general terms and conditions of subcontract" attached to the contract) shall be paid to Gap (the defendant; the same shall apply hereinafter) in cash or by the following certificate after completion inspection after the amount calculated by multiplying the contract amount by the warranty bond rate specified in the contract, is paid to Eul (the defendant; the same shall apply hereinafter) for the period of warranty on February 11, 200:

Provided, That this shall not apply where the payment of security deposit is not required due to the nature of the construction project.

1. Certificates issued by the Construction Financial Cooperative, Specialized Construction Financial Cooperative, Electrical Construction Financial Cooperative, and Telecommunications Corporation Association;

2. Surety insurance policy;

3. Letter of guarantee from the Credit Guarantee Fund;

4. National or local bonds; and

5. Financial institution payment guarantee.

6. Certificates of deposits (2) A shall repair any defect due to reasons attributable to B during the defect repair obligation period as determined in the contract from the date a completion inspection is completed.

(3) Where Eul receives a request for repair of defects from Gap during the period of defect repair obligation under paragraph (2), and fails to comply therewith, the defect repair bond under paragraph (1) shall revert to Gap.

(4) A warranty bond under paragraph (1) shall be returned within ten days from the date a request is made, after the warranty period has expired.

Article 24 (Performance Delay) (1) If a construction work has not been completed within the time limit for completion as fixed in this contract, it shall be effected.