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(영문) 서울남부지방법원 2019.01.30 2017가단14554
공사대금
Text

1. The Defendant’s KRW 17,270,867 as well as 6% per annum from June 21, 2017 to January 30, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of landscaping and waterproofing, etc., and the Defendant is a company that runs the reinforced concrete business.

B. (1) On March 13, 2015, the Defendant entered into a contract for construction works (hereinafter “instant contract”) with the owner D (actual owner E) and with respect to the construction works for the new construction of the Gangnam-gu Seoul Metropolitan Government F Hotel ( Accommodation Facilities) (hereinafter “instant construction works”).

Construction period: From December 26, 2014 to October 31, 2015, the contract price: 2,572,00,000 won for supply; 257,20,000 won for value added; 2,829,200,000 won for each type of work under attached Table 4 of the Enforcement Decree of the Framework Act on the Construction Industry; and on the other hand, on March 27, 2015, the Defendant subcontracted to the Plaintiff a waterproof and aesthetic sloped construction among the above construction with the following contents:

(hereinafter referred to as “instant subcontract”: The period of construction from March 27, 2015 to October 31, 2015: 205,634,00 won (the supply price: KRW 186,940,00, value-added tax 18,694,00): The warranty period of 3% of the contract amount: Article 23 (Defect Security) of the Act on the Maintenance of Defects from the expiration date of the original contract: (1) The Plaintiff shall pay to the Defendant in cash or by the following certificate after completion of the inspection the amount calculated by multiplying the contract amount of the warranty bond as stipulated in the contract (hereinafter referred to as “liability warranty bond”) by the rate of the warranty bond as stipulated in the contract:

Article 28 (Safety Management Expenses) (3) After concluding a contract, the plaintiff shall prepare a safety management plan suitable for the standards for the use of safety management expenses, a plan for the use of safety management expenses, and a plan for the use of safety management expenses to the defendant

(4) The plaintiff shall submit to the defendant the details of use of the safety management expenses used pursuant to paragraph (3) when applying for payment of completed portion and construction work.

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