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(영문) 인천지방법원부천지원 2015.09.18 2013가합8495

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 200,876,136 to the Plaintiff (Counterclaim Defendant) and its related amount from September 26, 2013 to September 18, 2015.

Reasons

1. Basic facts

A. On April 9, 2013, the Plaintiff entered into a contract for B members of the Defendant’s branch office and remodelling of the non-cheon-gu Seoul Building (hereinafter “instant construction”) and the main contents are as follows.

Article 2 [Contents of Construction]

1. The name of the construction project: the remodeling project to be performed in the ceiling B source;

2. Construction place: The construction place: the building in the Nowon-gu Seoul Special Metropolitan City;

3. Basic Construction Works 1) Basic Construction Works: 1st to 6th floor, 2nd to pent tower Construction Works), 3rd voltage (300KW) Electric Power Resource-Related Construction Works 5) Elevator-Related Construction Works 6) Other Security-Related Construction Works, etc. (the Plaintiff) shall carry out an agreed construction work (the final agreement, specifications, 3D photographs, and other unfolding agreements) on the building A (the Defendant) and attach separate related drawings and specifications to the end of this Agreement.

Article 3 [Construction Period]

1. From April 12, 2013 to June 25, 2013 (75 days)

2. At the expiration of the period as referred to in paragraph (1), repayment equivalent to 3/100 of the down payment shall take place every day from the following day to the completion thereof.

Article 4 [Construction Amount] Total Construction Amount of 540 million won and shall be paid in accordance with the following methods:

(VAT Map) 1. down payment: 20 million won - intermediate payment on April 10, 2013: KRW 100 million - up to April 20, 2013 - KRW 100 million up to April 20, 2013 - up to April 30, 2013

A total of 70% shall be paid to B by June 25, 2013 at the latest.

3. Balance (30%): To pay in full 10% until July 25, 2013, 10% until August 25, 2013, and 10% until September 25, 2013.

4. Special terms and conditions: 1) Determination as to whether to carry out any non-building construction shall be notified to B by April 20, 2013.

Article 8 【Change in Circumstances】

1. A may, even during the execution of works, partly alter the construction progress, if necessary, and make a decision upon the extension of the construction period or the increase or decrease of the construction amount, by mutual agreement; and

However, the increase or decrease of up to 10% of the existing construction cost shall be carried out by applying the existing construction cost as it is.

§ 13.