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(영문) 수원지방법원 2019.01.16 2018가합14482
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On December 12, 2013, the Plaintiff received a lump sum payment of KRW 4,180,000 (excluding value-added tax) from the Defendant for the design, supervision, and construction work for the extension of the Defendant’s Ansan Factory (hereinafter “instant factory”).

(hereinafter “instant contract”). Article 1 (Execution and Completion of Remaining Construction Works) The Plaintiff shall faithfully perform the remaining construction work in accordance with the schedule agreed with the Defendant and obtain approval from the Defendant for completion and GMP.

Article 2 (Scope of Unpaid Construction Costs and Charges) The scope of accrued Construction Costs relating to the above 4.6 billion Won (1) The scope of the agreed construction Costs shall be KRW 1,036,75,040,00 in total, including additional construction costs, design modification costs, additional supervision costs, management costs, C-paid construction costs, and all other expenses related to the additional construction costs (direct labor costs, direct material costs, and direct expenses) and the accrued construction costs and the agreed amount of KRW 1,036,775,040 in total. Article 3 (Payment of Construction Costs) The Defendant shall pay KRW 300,000,000 in the amount under Article 2(3) that the Defendant shall pay to the Plaintiff shall be paid on December 17, 2015.

(Provided, That if there is a serious error in design and construction related to the KGP as a result of the examination, the Plaintiff shall undergo an inspection throughout the entire construction from the tallyman designated by the Defendant or the Defendant, and if it is found that there is a defect in the construction as a result of the examination, the Plaintiff shall immediately re-examine and obtain the Defendant’s approval. (ii) If the approval of the KGP facilities is omitted or it is difficult to approve the KGPP, the Plaintiff is responsible for performing the construction without changing the total amount. (iii) In the event that the approval of the KGP facilities is difficult, the Plaintiff is responsible for performing the construction without changing the total amount.

Article 5 (Payment of Unpaid Construction Costs and the Balance of Agreement) The defendant shall execute the remaining construction works of the building and transfer the completion certificate to the defendant not later than 60 days before the date when the plaintiff transferred the completion certificate to the defendant.

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