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(영문) 창원지방법원 2013.08.29 2011가합8447

공사대금

Text

1. The Defendant’s KRW 1,180,000,000 per annum for the Plaintiff and KRW 5% per annum from February 24, 2012 to August 29, 2013.

Reasons

1. Basic facts

A. On July 19, 2010, A Co., Ltd. (hereinafter “A”) concluded a contract with the head of Jung-gu Incheon Metropolitan City from the head of Jung-gu Incheon Metropolitan City with permission for large-scale repair on the instant building and parking facilities for B and six lots of land (hereinafter “instant building”). On August 1, 2010, the contract was concluded by setting the contract amount of KRW 4.3 billion (excluding value-added tax) with respect to parking lot construction during the instant large-scale repair project, as between August 1, 2010 and the Safety Period from August 15, 2010 to May 15, 2011.

B. On October 14, 2010, the well-dying Construction concluded a subcontract with the Defendant, setting the contract amount of KRW 3.9 billion and the construction period from August 5, 2010 to November 15, 2010 with respect to the above parking lot construction.

C. On September 10, 2010, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with the Plaintiff regarding the installation and management of parking facilities (hereinafter “instant construction”): (1) contract amount: KRW 2.86 billion; (2) payment in cash; (3) payment in lump sum after completion of construction; (4) construction period; and (4) payment in lump sum; and (3) construction period: from September 10, 2010 to November 15, 2010; and (4) the main contents of the instant subcontract are as follows.

Article 16 (Extension of Construction Period) (1) Where the performance of construction works is delayed due to reasons not attributable to the plaintiff, such as natural disasters, force majeure events, imbalance in raw materials management, etc., which are considerably difficult for the defendant to perform, the plaintiff may request the defendant to extend the construction period in writing.

Article 25 (Payment of Price) (1) After passing a completion inspection by the defendant, the plaintiff may adjust the construction site and claim the payment of the construction price to the defendant without delay, such as the removal or removal of surplus materials, wastes, temporary facilities, etc.

(2) The defendant shall pay the construction price to the plaintiff simultaneously with the delivery of the object of the contract, unless otherwise stipulated.

Article 32. The plaintiff.