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(영문) 서울고등법원 2017.09.28 2016나2073680

공사대금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) On November 20, 2012, the Plaintiff entered into the instant contract: (a) the Defendant; (b) the construction cost of KRW 7.645 billion (including value-added tax); and (c) the construction period from December 1, 2012 to June 30, 2014; and (d) the building of the size of two underground floors and third floors on Seongdong-gu Seoul Metropolitan Government and D ground (hereinafter “instant building”).

) New construction works (hereinafter “instant construction works”)

) the contract for the construction project to which the contract is made (hereinafter referred to as “instant contract”).

2) The main contents of the instant contract are as follows.

Construction Contract Documents

1. Construction name: New construction works of E;

2. Construction site: One parcel outside Seongdong-gu Seoul Metropolitan Government.

3. Period of construction: December 1, 2012 to June 30, 2014 (19 months).

4. Outline of construction: 1,234.40 square meters (373.41 square meters) - Total floor area - 6,798 square meters (2,056.3 square meters) - Two underground floors, and thirteen stories above ground;

5. The scope of construction works: Construction, civil engineering, equipment, electricity, landscaping, and interior works other than interior works;

6. Construction amount: Value of supply, 6,950,00,000 won, value-added tax of 695,00,000 won, contract amount of 7,645,00,000 won;

7. Payment of the contract amount: Payment of the contract amount shall be made in installments as follows:

Down payment ( December 5, 2012) 6% 10% 10% 15% 1,146,750,000 when completion of underground civil engineering works ( February 28, 2013) and 10% 1,146,750,000 above ground 1-6 stories and 764,500,000 above ground and 20% of the total amount of 7-64,50,000 above ground and 20% of the total amount of 1-6 stories and 30% of the total amount of 20-7-20,000 above ground and 20-7-2,000,0000 total amount of 7-6,000,764,500,0000 out of new buildings and 40% of the total amount of 1-6,05% of the construction work, and 25% of the construction premium surveillance and 5% of building materials (20-13,5% of the building materials).

12. The rate of liquidated damages: 1/1,000 of the total amount of the contract per day thereafter, the original defendant shall thereafter make the instant building through a design change.