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(영문) 부산지방법원 2015.09.24 2015가합2303

공사대금

Text

1. The defendant shall be the plaintiff.

(a) KRW 282,60,000 as well as 5% per annum from March 1, 2014 to September 24, 2015;

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates a comprehensive construction business, and the Defendant is a corporation that operates franchise manufacturing business.

B. On May 6, 2013, the Plaintiff entered into a standard contract for private construction works (hereinafter “instant contract”) with respect to the construction of the new construction of the NTI SP plant located in Gangseo-gu Busan Industrial Complex I-20BL 16L (hereinafter “instant factory”) (hereinafter “instant construction works”) as follows:

Standard contract for private construction works

1. Construction name: New construction works of NTI micros;

2. Place of construction: 16L for the Gangseo-gu Busan Metropolitan City Mu Industrial Complex I-20BL 16L.

3. Date of commencement: Date scheduled for completion on June 1, 2013: 1,870,000,000 won: Value-added tax of 1,70,000,000 won: 1,70,000,000 won: 170,000,000 won.

6. Contract bond: 10% of the construction amount;

9. Defect warranty rate: 2%: Period of warranty on October 10: Article 4 (Contract Deposit) (1) of the General Conditions of the Standard Contract for Construction Works for Two-year. “B (Plaintiffs and hereinafter the same shall apply)” shall pay in cash, etc. to “A (Defendants and hereinafter the same shall apply)” prior to the conclusion of the contract in order to guarantee the contractual performance.

Provided, That this shall not apply where "A" and "B" agree not to pay a contract bond under an agreement.

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

1. Certificates issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry;

2. Certificates issued by guarantee insurance companies, the Credit Guarantee Fund, and other equivalent institutions;

3. Payment guarantee or certificate of deposit by financial institutions;

4. Article 31 (Security) (1) of the State bond or municipal bond “B” means the amount calculated by multiplying the contract price by the warranty bond rate stipulated in the contract in order to guarantee the repair of defects of the construction (hereinafter “liability bond”) until the price of the construction is paid after completion inspection.