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(영문) 서울중앙지방법원 2015.10.15 2014가단161965

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant, on June 2, 2012, awarded a contract to the Taesung General Construction Co., Ltd. (hereinafter “Nonindicted Company”) on the following terms: (a) the “New Construction Corporation for the Religious Organization Bridge” (hereinafter “instant Construction”) was awarded to the Defendant:

(hereinafter referred to as “instant contract”). - The date of commencement: The date of completion of the instant contract: February 15, 2013: The date of completion of the construction project: 1,300,000 won (in addition to value-added tax, however, the defendant and the non-party company agreed to pay the value-added tax as KRW 120,000,000 instead of filing a tax return on the construction cost as KRW 1,200,000) - The rate of delay delay interest rate of KRW 1/100: the general conditions of the standard contract for private construction works attached to the contract at the time of the instant contract: 1/1000;

- Article 9 (Period of Commencement and Completion of Construction) (1) The date of commencement and completion of construction shall be the date specified in the contract.

(2) Where it is impossible to commence the construction on the date of commencement without any cause attributable to Section B (the words "non-party company," hereinafter the same shall apply), the date of on-site takeover of Section B shall be the date of commencement, and in such cases, Section B may be requested to extend the period

(3) The date of completion shall refer to the date when Eul completes the construction work and a written request for a completion inspection is made to Gap (the end of the defendant; hereinafter the same shall apply).

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 25 (Payment of Price) (1) A may, after passing a completion inspection by A, adjust the construction site and claim the payment of the price for the work to A, by immediately removing or removing surplus materials, wastes, temporary facilities, etc.

(2) Except as otherwise stipulated, A shall pay B the price for construction simultaneously with the delivery of the object of the contract.

(3) Where a party A fails to pay the price by the due date, the unpaid amount shall be the number of days from the day following the due date of payment until the due date of payment set forth in the contract at the ordinary loan of commercial banks.