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(영문) 서울고등법원 2015.06.23 2013나2020555

약정금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. On May 6, 2010, the date of commencement for the construction project with respect to the Defendant and the High-gun Complex Construction Project (hereinafter “instant construction project”) on the ground-based ground-based, PPPPPP (hereinafter “PPP”) and PPPP Co., Ltd. (hereinafter “PPPPP”) entered into a construction contract with the Defendant on May 6, 2010, by setting the construction cost as KRW 6.6 billion (hereinafter “instant contract”).

Article 32 (Matters of Special Agreement) (1) The above contract is a prior contract for all processes excluding electricity, equipment, civil engineering, waterproof and creative construction, and the quality class of the site at the present site shall, in consultation with the ordering party, run an alteration contract within three weeks in the actual quantity through drawings, specifications and approved documents.

The contract amount to be modified shall not exceed the contract amount.

(2) At the same time, the term "B" shall proceed after checking funds for the facilities of a bank on the actual site, and shall enter into an amendment contract, including or separately dividing the process, such as creative construction.

(3) On the schedule of the process, the process shall proceed after consultation with the "Defendant A".

(No.4) (7) The construction cost shall be paid at least 60-65% of the initial test at the end of each month in cash within the fifteenth day following the following month, and the balance at the time of loan after completion, and at least 25% of the total construction cost shall be paid as substitute.

(8) A construction memorandum and a completion note shall be submitted with the matters to be submitted to the ordering place.

B. On July 21, 2010, the Defendant: (a) determined the commencement date on July 21, 2010 with respect to the tegrative construction among the instant construction works (hereinafter “the instant subcontracted construction”); (b) the completion date on October 30, 2010; and (c) KRW 4.895 million with respect to the construction cost as KRW 4.5 million.