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(영문) 창원지방법원 진주지원 2017.01.17 2015가단7431
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a company that conducts civil engineering and construction business with a comprehensive construction business license.

On November 28, 2014, the Plaintiff entered into a contract with the Defendant on the following terms (hereinafter “instant contract”) with respect to reinforced concrete construction works (hereinafter “instant construction”) among the new construction works of the ground accommodation C (hereinafter “instant building”).

Standard private construction contract

1. Construction name: New construction of accommodation facilities C;

2. Place of a construction project: C- Area and amount of construction project in Jin-nam: Inn 470 square meters ¡¿ 850,000 won = 39,500,000 won.

3. Period of construction: Period of construction on December 10, 2014, completion on March 10, 2015: 39,500,000 won (halfway omitted) (excluding surtax) 12. Payment of progress payment - Payment of advance payment: KRW 100,000,000; The date of commencement shall be paid at the time of submission of the commencement report.

- First-class gold: One hundred million won per day shall be paid at the time of snowing the floor of the second floor.

- Second-class gold: One hundred million won per day shall be paid at the time when the fifth floor is closed.

- Balance: The balance shall be settled and paid as a result of the settlement of accounts after the establishment of a rooftop.

13. Special terms and conditions 1) The amount of the above construction work of reinforced concrete as a reinforced concrete construction contract is for the construction work of reinforced concrete (construction work of steel bars, ready-mixed materials, steel processing and assembly, fluoring and dismantling) the contractor is responsible for the remainder of the construction work (construction work of electricity, fire-fighting, communications, facilities, windows, water supply, and external finishing work, etc.). The contractor is responsible for the safety management and construction work that occur after the completion of reinforced concrete construction work. 2) The building owner is responsible for the remainder of the construction work (construction work of electricity, fire-fighting, telecommunication, facility, decoration, water supply, water supply, and outside finishing work. 2) The cost of construction of steel, steel bars, and rain shall be planned to enter into a subcontract contract with the 460,000 won per square day, and the balance shall be paid by calculating

(hereinafter omitted) The instant construction was completed around April 6, 2015, and the approval for use of the instant building was granted on July 14, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 8, and the purport of the whole pleadings.

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