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(영문) 부산고등법원 2019.04.24 2018나54562

공사대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

A. The Plaintiff entered into a contract for construction works (hereinafter “instant contract”) with the Defendant’s factory that the Plaintiff would receive a contract from the Defendant for construction works (hereinafter “instant construction works”). The main contents of the instant contract are as follows.

1. The name of the delivery contract: The instant construction work;

2. Place of delivery: The defendant's factory;

3. Period of contract: From December 16, 2015 to March 30, 2016;

4. Contract amount: 1,265,000,000 won (including value-added tax); and

5. 20% of the down payment under the terms and conditions of payment - 30% of the down payment - the down payment 30% of the down payment under the terms and conditions of payment - 20% after the completion of the production, 20% - the remainder of 7 days and 30% of the remainder of 30% on October 10: the contract price rate for delay: Article 6 of the contract price under the terms and conditions of the contract, and the compensation for delay, ① the Defendant may claim against the Plaintiff the late payment 3/100 of the contract price on the date exceeding 3/1000 of the contract

* Modifications in accordance with the specifications of the drawings shall continue to run after the subsequent consultation.

* * Class - Belgium (7M) - Four compresseds (4) - One unit (hereinafter omitted) - On the other hand, on December 16, 2015, the Plaintiff subcontracted the instant construction work to J which is engaged in the manufacturing business, etc. with the trade name called C as of December 16, 2015. 3) Since then, the Plaintiff and the Defendant agreed to extend the completion period of the construction period under the instant contract to April 30, 2016, but again agreed to extend it to May 12, 2016.

C. On May 12, 2016, when the instant construction was in progress, the Plaintiff, the Defendant, and the J correspond to ten of the following (10) reinforcement works: (a) the Plaintiff and C, during the instant construction, on May 12, 2016, on the notarial deed preparation between the Plaintiff and the Defendant and the completion of the instant construction (hereinafter “instant reinforcement works”).

B until May 31, 2016, the agreement was reached.