추심금 청구의 소
1. The part of the judgment of the first instance against the Defendants shall be revoked.
2. The plaintiff's defendants who correspond to the above revocation part.
1. The reasoning for this part of this Court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the addition of the following:
Part 4 of the judgment of the first instance court, "2,987,59,986 Won" in Part 9 of the judgment of the first instance added "(2,988,00 won (2,716,40,000 won and value added tax)" to "2,98,040,000 won for the original construction work of this case (2,716,40,000 won and value added tax)".
The following shall be added between conduct 12 and 13 of the judgment of the first instance.
The main contents of the instant contract are as follows.
1. Date of commencement: June 2008;
2. Date scheduled for completion: November 2008.
3.Article 7 (Period of Construction) (1) The date of commencement and completion of construction work shall be the date specified in the contract.
(3) The date of completion shall refer to the date W makes a written request for a completion inspection to A (Defendant, etc.) after completion of construction works.
Provided, That this shall be limited to the cases of passing a completion inspection under Article 22.
Article 22 (Completion Inspections) (1) Upon completion of works, W shall be notified to the defendant, etc., and the defendant, etc. shall conduct the inspection without delay in the presence of W after being notified, and if the defendant, etc. fails to notify the result of inspection within 10 days after being notified of W, the inspection shall be deemed to have passed at the expiration of 10 days.
Where the inspection has not been completed due to an act of God, such as a natural disaster, etc., the period during which such cause continues to exist and three days from the date on which such cause ceases to exist.
(4) If W requests the acquisition of the object of construction after passing the inspection under paragraph (1), the defendant, etc. shall issue a certificate of acceptance and take over the object of construction.
Article 23 (Payment of Price) (1) W shall immediately remove surplus materials, wastes, temporary facilities, etc. after passing a completion inspection by the defendant, etc.