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(영문) 광주지방법원 2015.12.17 2012가합7795

공사대금 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant, a construction company, on May 18, 201, entered into the instant construction contract (i.e., the instant construction contract) with the Plaintiff, an existing Bridge building located on the land outside C and seven lots of land in Jeonju-si, Jeonju-si, and three roads for distribution; hereinafter each “existing Educational Center building,” “existing D building,” and “existing restaurant and distribution building.”

A) Removal of a new church and a new church building and a company building (hereinafter referred to as “new church building of this case”) shall be deemed as the “instant church building” and the “instant church building” shall be deemed as the “instant church building” and the “instant church building” shall be deemed as the

2) The construction project newly constructed (hereinafter referred to as “instant construction project”)

) On June 1, 2011, the date of commencement of the instant construction contract was determined as KRW 2,43,00,000 as of March 31, 201, and as of March 31, 2012, the completion date of the instant construction contract, and concluded a standard contract for private construction works with the following terms and conditions as the contract cycle (hereinafter referred to as “instant construction contract”). The general terms and conditions of the instant contract include the terms and conditions of the standard contract for private construction works included in the instant construction contract, the terms and conditions of the special agreement, the site site site descriptions, and the special specifications, respectively, are the special terms and conditions of the instant contract.

. ◎ 민간건설공사 표준도급계약서

1. Construction name: New construction works of B bridge;

2. Place for construction: Lots other than C in the Jeonju City.

3. 착공연월일: 2011. 6. 1. 4. 준공예정연월일: 2012. 3. 31. 5. 계약금액: 2,433,000,000원(부가가치세 포함) 11. 지체상금율: 1/1000 ◎ 민간건설공사 표준도급계약 일반조건 제1조[총칙] 도급인(이하 “갑”이라 한다)과 수급인(이하 “을”이라 한다)은 대등한 입장에서 서로 협력하여 신의에 따라 성실히 계약을 이행한다.

Article 4 [Deposit for Contract] (1) "B" shall pay the contract bond set forth in the contract to "A" in cash, etc. before the conclusion of the contract in order to guarantee the performance of the contract.

However, “A” means “A.”