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(영문) 대전지방법원 2017.12.13 2017나103588
물품대금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 23,493,316 as well as the full payment with respect thereto from May 21, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the objective of civil engineering, construction materials, wholesale and retail business, etc.

The Defendant supplied reinforced concrete construction work among “A-related apartment construction work” from Company A (hereinafter referred to as “A-related apartment construction work”) as a corporation for the purpose of reinforced concrete construction business.

B. On December 30, 2015, the Defendant and C entered into an agreement with the Defendant to participate in construction works (hereinafter “instant construction”) and C are three buildings among the instant reinforced concrete construction works (hereinafter “instant construction”).

2) As to the agreement on the execution participant (hereinafter referred to as the “agreement on the execution participant of the instant case”).

AB concluded the agreement.

its key

Details are as follows:

Agreement on Participation in Execution

2. Name of a type of work: All processes, such as a type mold, steel bars, strawing, and raining;

4. The period of construction: The period of construction completed on December 30, 2015, and December 31, 2016, as of December 31, 2016 (the string and string may vary according to the circumstances of the defendant and the project owner, and C must comply with the requirement) means the completion of construction works under a contract;

5. Contract amount: 4,136,851,780 won;

6. Prohibition of a change in the contract amount: C shall not demand the defendant to increase the contract amount for any reason, such as a minor change in the design, wage increase, etc. during the construction.

(Provided, That the amount of increase or decrease shall be adjusted later at the time of increase or decrease in the quantity of items; 7. Payment method of construction amount: within 15 days from the date of settlement of the original recipient.

At the same time as the payment of each premium is received, it shall be paid after deducting it.

9. 3% of the final construction cost shall be paid after one year from the date of approval for the use of the site.

1. The defendant shall pay C the cost of the original contractor according to the method of payment.

2. C shall stay at the site and be present at the request of the defendant.

3. A contract shall become void in the event that the progress of construction is suspended for not less than seven days due to a lack of capacity in the course of construction of C;

7. C may not get back again.

8. C.

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