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(영문) 인천지방법원 2017.01.06 2015가합56716
공사대금
Text

1. The Defendant’s KRW 223,110,847 as well as the Plaintiff’s annual rate of KRW 6% from September 3, 2015 to January 6, 2017.

Reasons

1. Facts of recognition;

A. On June 1, 2014, the Plaintiff and the Seo-gu Incheon Metropolitan Government “Broart neighborhood living facilities [the 2nd class neighborhood living facilities of the steel reinforced concrete structure and other third class roof, the 296.69 square meters of the single floor, the 273.3 square meters of the 2nd floor, the 105.92 square meters of the 3rd floor (hereinafter “instant building”)] as a corporation conducting construction business, etc., the construction cost of KRW 70 million (including value-added tax) for the construction work of the instant building] is KRW 10 million (including value-added tax), June 1, 2014; the date of completion; November 30, 2014; the rate of liquidated damages is 1/1,000; the general conditions (hereinafter “general conditions”); and the content related to the instant case are as follows:

(1) The construction contract (hereinafter “instant construction contract”) is included in the content of the contract.

Article 24 [Completion Inspection] (1) of the General Conditions, the plaintiff, upon completion of the work, shall notify the defendant without delay after receiving notice, and the defendant shall conduct the inspection in the presence of the plaintiff, and if the defendant fails to notify the result of the inspection within 10 days after receiving the plaintiff's notice, he shall be deemed to have passed the inspection on the date ten days have passed: Provided, That in the case of failure to complete the inspection due to force majeure, such as natural disasters, etc., the period during which such cause exists and the date on which such cause ceases to exist, shall be three days from the date on which such cause ceases to exist. (2) If the plaintiff fails to pass the inspection under paragraph (1), he may, without delay, repair or remodel it and undergo the inspection again. (3) The plaintiff may raise an objection against the result of the inspection, and the defendant shall comply with it. (4) The defendant shall issue a certificate of acceptance after passing the inspection under paragraph (1) and take over the object of the work.

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