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(영문) 부산지방법원 2016.12.15 2015가합42561

공사대금

Text

1. Claims for construction price under the construction contract dated August 1, 2013 between the Plaintiff and the Intervenor of independent parties.

Reasons

(a) pay the price of construction in twenty hundred and seventy (275,33,330) won, and damages for delay;

B) The Defendant’s assertion is a total contract, and the contract amount is KRW 760,550,00. The Defendant paid KRW 857,277,868 to June 20, 2014 in excess of the contract amount, and there is no additional payment of the contract amount. (A) Determination as to whether the instant subcontract is a unit price contract or a total contract for unit price. (2) Determination as to whether the instant subcontract is a unit price contract or a unit price contract for unit price is an issue of interpretation of Gap evidence 2 (construction subcontract). The relevant parts of the instant contract are as follows.

5. Contract amount: The value of supply in the amount of KRW 50,000,000 per day ( 760,550,000-) ; the amount of additional tax - nin the amount of daily gold - the amount of additional tax: nin the amount of daily gold - n

6. Payment 1) Advance: 124,867,50 won (30% of the sales amount of the real estate paid in lieu) * Payment progress payment within seven days after the submission of an insurance policy for advance payment guarantee : Cash payment 25 days per month* Application for progress payment or payment after the inspection of completed amount:

7. Guarantee 1) Performance bond: Defect bond 10% of the contract amount : 76,05,000 won of the contract amount * Contract performance bond 2): 5% of the contract amount 5,027,500 won of the contract amount * Defect bond - 36 months from the date of passing the completion inspection - special agreement on the contract amount for late payment allowance 0.1% of the contract amount for late payment allowance :

1.This Agreement does not increase the cost of construction under a total contract, and “B (Plaintiff)” does not require any of the nominal incidental costs (such as household facilities, equipment, tools, small transportation, machinery, etc.).

When reducing at least 5% of the amount of construction works in accordance with a design modification, a settlement shall be made to the amount of reduced construction works, and no design change and settlement shall be made in accordance with price fluctuation.

34. G building (H) No. 102, 102, 302, 102, 102, 303, 102, 70% of the sale price shall be paid as the substitute, and 30% of the sale price shall be the loan succession, and 30% shall be deducted from the construction cost.

(102.102 No. 134,100,000 of the sale price, 102.302.