logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.24 2014가합11975
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Circumstances leading to the dispute of this case;

A. On June 8, 2012, the Defendant entered into a contract for construction work (hereinafter “instant contract”) with the Plaintiff, setting the construction period from June 8, 2012 to June 8, 2013, with the construction cost at KRW 2,197,80,000 for the remainder disposal construction among the new apartment reconstruction construction works in the large-scale apartment unit that the Defendant contracted by Samsung C&T Co., Ltd., and entered into a subcontract with the Plaintiff for construction work (hereinafter “instant contract”).

The main parts of the terms of the instant contract are as follows.

Article 1(1) In order to guarantee the implementation of the Agreement, the Plaintiff shall obtain a certificate equivalent to 10% of the agreed amount and submit it to the Defendant within three days after the date of the conclusion of this Agreement. 2. Article 3(3) of the Certificate of Payment issued by the Guarantee Company and other Guarantee Agency recognized by the Defendant, whose guarantee period is the guarantee period, with the guarantee period of the contract amount equivalent to 100% of the agreed amount, and the guarantee certificate issued by the Guarantee Company and other Guarantee Agency recognized by the Defendant. The Defendant may require the Plaintiff to establish a plan for a fair meeting if the Plaintiff delays the progress of the construction more than 5% compared to the progress stipulated in the Estimate. The Plaintiff shall submit the plan for a fair meeting within three

4) The Plaintiff shall deliver Saturdays at least 10,50 cubic meters a day in accordance with the terms and conditions of the agreement, and shall deliver Saturdays for at least 25 days a month. If the above content is violated on at least three occasions, it shall be the ground for termination of the agreement and no objection shall be raised to the Defendant following termination of the agreement. Article 8 (Change of Design) (1) of the Agreement shall not be in principle adjusted to the agreed amount due to price fluctuation.

(Preparation of the estimated cost of this project shall be made by taking into account price linkage at the time of completion of the project). 2 The unit cost of this Agreement shall include all expected amounts due to changes in the public law, changes in the site conditions, delay in the air, etc., and the plaintiff may later demand the defendant to pay the unit price for any reason.

arrow