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(영문) 서울고등법원 2019.06.14 2018나2029373

공사대금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 110,202,61 and KRW 89,987,227 among them.

Reasons

1. Basic facts

A. (1) On June 9, 2015, the Plaintiff appears to be the trade name of the promotional event run by D with the size of 2 underground floors and 6 stories above ground on the ground of 250.7 square meters above the Defendant and Gangnam-gu Seoul, Seoul, Seoul. The Plaintiff appears to be the trade name of the promotional event operated by D with the size of 6 stories above ground. The construction work of constructing company houses

(2) The contract for construction works (hereinafter referred to as the “instant contract”).

A. The main contents of the instant contract are as follows.

Contract for Construction Works

1. Name of the project: New construction of D-style houses;

2. Construction site: Gangnam-gu Seoul Metropolitan Government C;

3. Date of commencement: The date scheduled for completion on June 10, 2015: 10,000 won (including value-added tax) on December 31, 2015; 10. Warranty liability (in the case of multi-functional construction, classified by type of work) : 25,493,963 contract amount of 224,990,80 contract amount of 215,136, 496 contract amount of 215,45,148,00 contract amount of 2% of 3% of the contract amount of electrical construction of 224,990,800 and 11% of the contract amount of 45,148,000 contract amount of electrical construction of 3%, 100,000; 2% of the contract amount of 1/100,000 of the contract amount of the contract amount of the general contract of this case;

Of the key contents related to the instant case are as follows (as described below, “A” is the Defendant, and “B” is the “Plaintiff” in the instant case:

(2) Contract deposit under paragraph (1) may be paid by a letter of guarantee issued by any of the following institutions:

1. Certificates issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry;

2. Certificates issued by guarantee insurance companies, the Credit Guarantee Fund, and other equivalent institutions;

3. Payment guarantee by a financial institution; or