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(영문) 대전지방법원 2016.04.05 2012가단212066

공사대금

Text

1. The Defendant’s KRW 46,261,729 as well as the Plaintiff’s KRW 7% per annum from July 11, 2012 to April 5, 2016 and the following.

Reasons

1. Facts of recognition;

A. On February 21, 2012, the Plaintiff and the Defendant concluded a construction contract with the following main contents (hereinafter “instant construction contract”) that the Plaintiff shall perform the Defendant’s new construction of the Defendant’s factory building and the Defendant shall pay the construction price to the Plaintiff.

C. Foods

1. Construction name: New construction work of factory B;

2. Location of construction: Yeongnam-gun C (current lot number of Sejong Special Self-Governing City D);

3. Period: Until May 31, 2012.

5. Contract amount: 2,395,000,000 won ( separate amount of value-added tax);

6. Advance payment for construction expenses: None; and

7. Timing for and methods of paying construction expenses: Oil referred to in Article 12 (1).

9. Period of warranty liability: The rate of warranty liability for defects on 2 years (24 months) after completion: 3/100 (to substitute with the Seoul Guarantee Insurance and the securities issued by the Construction Mutual Aid Association): 1/1,000 (Provided, That it shall not exceed 1/100 of the contract amount) of the contract amount; Article 11 (1) of the General Conditions for the Contract for Construction Works (the completion of construction shall not exceed 1/10 of the contract amount) of the contract amount; (2) The “B” of the notification shall be notified to the “A” when the construction is completed; and the “A” in receipt of the notification shall complete the inspection within 7 days unless there are any special reasons

(2) "A" shall apply for approval for a pre-use inspection prescribed by relevant statutes without delay after self-inspection.

(3) When a person fails to pass an inspection under the preceding paragraph, "B" shall repair or remodel the same and undergo a re-inspection without delay.

(5) Approval for usage inspection shall substitute for a certificate of completion of usage inspection and approval by the competent authority.

Article 12 (Methods of Payment of Construction Costs) (1) This site shall be subject to the condition of payment once a month.

(2) The down payment for the construction cost shall not be made, and it shall be paid on the 10th day of the following month for the portion of the construction work executed from the 1st to the end of the

(5) In principle, 70% of the total construction cost shall be paid by financial institutions as substitute.

(6) 30% of the total amount of construction works shall be paid by a project owner, but defects shall be performed after the completion of a building.