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(영문) 인천지방법원 2015.01.23 2014가합6011
공사대금
Text

1. The defendant has received a warranty insurance policy that provides 58,955,124 won as the guaranteed amount from the plaintiff.

Reasons

(2) On February 25, 2013, the Defendant ordered the Defendant to re-subcontract the instant construction work to the Plaintiff, and the re-subcontracted construction contract concluded between the Plaintiff and the Defendant (hereinafter “the instant construction contract”).

The main contents of the Council shall be as follows:

Value: Value-added tax of KRW 1,87,546,323: Total of KRW 188,754,632: 2,076,30,955 won;

1. Tft material cost, tep manufacturing cost, and site installation cost (including 2.5% of the substitute price for the main contractor C) 1,829,769,280 won;

2. Industrial safety and health management expenses 39,039,641 won;

3. Period for construction of the contract terms of KRW 1,887,546,323 in total of KRW 18,737,402: From February 13, 2013 to July 31, 2013: Payment of the price:

(a) Advance payment: Details and ratio thereof within 15 days from the date of receipt from the ordering person (C) or from the date of contract; and

B. 1) The completed amount: (a) the method of payment is within 60 days from the date of receipt of the object: (b) the same conditions as the contract terms of the ordering place (C): the contract amount: 10% of the contract amount; (c) the C representative director E and the Defendant representative director F request for various securities (performance contract), performance (in advance), performance (in advance) guarantee insurance policy, performance (in advance) guarantee insurance policy, and performance (in advance) guarantee insurance policy, which are required for the construction submitted by the Defendant by the Defendant, shall be submitted to the Defendant under the same conditions as the Plaintiff representative G. (applicable at the same rate)

Warranty bond rate: 3% interest rate for delay: 0.1%/1 day;

B. Thereafter, the Plaintiff completed the instant construction, and the Defendant paid the Plaintiff construction price in KRW 1,839,693,896.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, witness H's testimony, purport of whole pleading

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant asserted the construction cost of the instant construction project (hereinafter “the instant construction cost”).

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