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(영문) 서울고등법원 2015.11.19 2015나2028836
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) On June 8, 2012, the Defendant entered into a contract, etc., with the Plaintiff, and on June 8, 2012, the remaining soil treatment works out of the reconstruction apartment construction works in the large-scale apartment unit contracted by the Defendant Samsung C&T Co., Ltd. (hereinafter “instant construction works

(2) A contract that sets the construction period of KRW 2,197,80,000 as the construction cost (hereinafter “instant contract”) from June 8, 2012 to June 8, 2013 and subcontracts the construction cost of KRW 2,197,80,000 (hereinafter “instant contract”).

(A) Article 1(1) of the Agreement provides that the Plaintiff shall submit to the Defendant a certificate equivalent to 10% of the agreed amount within three days after the conclusion of this Agreement to guarantee the implementation of the Agreement.

2. Article 3 (Fair Management) of the Certificate of Payment issued by the Guarantee Company under the Guarantee Company under the Contract Amount, the Guarantee Company under the Guarantee Period, and other Guarantee Agency under the Guarantee Company under the Contract Amount. Article 3 (Fair Management) of the Certificate of Payment issued by the Defendant, the Defendant may require the Plaintiff to establish a plan for fair delivery only when the Plaintiff delays the progress of construction in excess of 5% compared to the process specified in the Estimated Process Table. The Plaintiff shall submit to the Defendant a plan for fair delivery within 3 days from the date on which the Plaintiff is notified of this request. 4) The Plaintiff shall deliver soil and sand at least 10,500 cubic meters per day under the Agreement, and deliver sand for at least 25 days per month. If the above content is violated at least three times, the grounds for termination of the Contract and any objection arising from the termination of the Contract is not raised to the Defendant.

(1) In principle, the agreed amount shall not be adjusted in full due to price fluctuation (when preparing an estimate of this project, by taking into account price linkage at the time of completion of the project).

(2) The agreed unit price includes both the amount expected to be changed due to the change of public law, change of site conditions, delay in the air, etc., and the plaintiff cannot later demand the defendant to pay the unit price for any reason.

Article 9 (Claims, etc. for Raising Money)

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