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(영문) 서울중앙지방법원 2014.12.19 2013가합504777
공사대금
Text

1. The Defendant’s KRW 245,768,107 among the Plaintiff and KRW 240,422,107 among the Plaintiff, shall be from November 13, 2012, and KRW 726,00.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into the instant contract on July 30, 2012, and Gangnam-gu Seoul Building A (hereinafter “instant building”) (hereinafter “instant building”).

2) Indoor construction (hereinafter “instant construction”)

As to the contract amount of KRW 1,078,00,00 (including value-added tax) and the contract term shall be determined from August 1, 2012 to September 27, 2012 as to the contract amount (hereinafter “instant contract”).

A) Around October 8, 2012, the Defendant and the said completion date were extended to October 28, 2012. (2) The key contents of the instant contract are as follows.

[2] On August 1, 2012, the Plaintiff shall be liable for the remainder of the cost of the second intermediate payment 25% of the cost of the construction work and the remainder of cost of the construction work to be extended by 75% on September 7, 2012 (when completion of construction work), not on August 22, 2012, at least 50% of the total payment 25% of the intermediate payment 269,500,000 on August 1, 2012, at the rate of the cost of the construction work (the completion of construction work) and at least 75% of the cost of the construction work scheduled (the completion of construction work) on September 7, 2012 (the completion of construction work) on condition that the Plaintiff shall be liable for the remainder of the cost of the construction work to be extended by 10% on condition that the construction work should be performed by 107,800,000,000 or more of the construction work scheduled (the completion of construction work) on September 29, 2007).

Article 10 (Payment of Price): The part payment shall be made by the defendant on the date agreed to the plaintiff.

Where the Defendant fails to observe the agreed payment date of part payments of the intermediate payment of the Corporation, the Plaintiff may immediately suspend all the construction works and request payment.

At this time, the defendant is responsible for the discontinuance of construction.

④ The remainder: The Defendant agreed on the date of payment.

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