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(영문) 서울중앙지방법원 2016.04.05 2014가단58953
공사대금
Text

1. The Defendant’s KRW 12,247,187 as well as the Plaintiff’s annual rate of 6% from April 10, 2014 to April 5, 2016.

Reasons

1. Basic facts

A. On November 11, 2013, the Plaintiff entered into a subcontract with the Defendant with respect to the portion of painting construction among the construction works for the new hospital extension works that the Defendant contracted by the New Bank of Korea (hereinafter “instant contract”) from November 11, 2013 to December 20, 2013, with respect to which the construction period is 57 million won and the warranty bond rate is 5% (hereinafter “instant contract”). The Plaintiff and the Defendant entered into a special agreement with the following terms at the time:

Article 32 (Matters under Special Agreement) (Matters Subject to Special Agreement for Seal Construction among Construction Works for Extension of Certified Hospital in the Main Place) The contents of this Special Agreement shall take precedence over the provisions of the Contract for Construction Works.

4.This Agreement is an internal finishing eco-friendly painting construction contract, and is a unit price contract, to be measured after the completion of the construction and to be adjusted accurately after calculating the quantity of the work.

The unit price per square meter shall be 4,500 won.

The contract price (supply price) shall be 57,600,000 won and shall be settled by applying the unit price (4,500 won) determined according to the increase or decrease in the construction quantity after the settlement of the construction quantity.

5.The payment of the cost of construction shall be made in advance of 10,000,000 won, and the intermediate payment shall be made at 50% after completion of 70% of the work cost, and any balance shall be paid after settlement of the work cost after completion of the work.

6. A project owner shall complete the eco-friendly painting project designated by the new committee for the settlement of disputes, and shall complete the project at a fixed unit price in the construction site, such as stairs, corridors, sick rooms, resting rooms, etc. without relation thereto.

B. From November 14, 2013 to November 25, 2013, the Plaintiff suspended construction work while performing painting construction work.

Meanwhile, until the discontinuance of construction works, the Defendant paid to the Plaintiff KRW 15 million in total, and KRW 5 million on November 13, 2013, and KRW 5 million on November 19, 2013.

C. On February 19, 2014, the Plaintiff’s settlement of KRW 10,00,000 with the Defendant on February 19, 2014, finished work with the fourth floor shower room on the fourth floor (five and sixth floors) and the fourth floor (five and sixth floors), end up until 24,25, 26, and 27, and start from 28.

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