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(영문) 부산지방법원 동부지원 2018.02.08 2016가합348
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 225,341,50 and the interest rate of KRW 15% per annum from May 10, 2016 to the date of full payment.

Reasons

Basic Facts

On March 31, 2015, the Plaintiff entered into a construction contract for the construction work that newly constructs a factory D and E (hereinafter “instant construction work,” “instant contract,” “instant contract,” and “the instant initial contract,” on the ground of the Defendant and the Gyeong-gun (hereinafter “instant land”). The main contents are as follows.

Standard contract for private construction works

1. Construction name: New construction of a D or E factory;

2. Place of construction: Gyeongju-gun, Gyeongbuk-do.

3. Date of commencement: April 6, 2015.

4. Date scheduled for completion: August 31, 2015.

5. Contract amount: Not more than two hundred million won per day (including value-added tax); and

6. Contract (performance) deposit:

7. Prepaid payment: a lump sum payment (payment made by the contractor after receipt of the contract performance guarantee to the contractor); and

8. A completed amount: It shall be paid after an examination according to the progress of a project.

10. Compensation for delay: The amount of construction per day shall be three percent per delay.

11. Interest rate for delayed payment: 5% per annum.

12.Other matters: - Contracts shall be based on the General Standards of the Standard Contract, which shall prevail over the matters specified in this Agreement.

- If the date of completion is delayed for not less than 60 days, the contract shall be automatically terminated and the contractor shall lose all the vested rights (right to benefit) and interests in the ongoing work.

(including a lien) - Contracts to be executed in accordance with the civil engineering and construction design drawings which have been authorized as of the contract date.

Matters of special agreement

5. The construction cost of the last term shall be treated by lending land and factories as collateral after completion;

6.Advance payments shall be made by lending land as collateral and arrange the loan to be made by the contractor.

7. A contractor shall first use KRW 200 million out of land-backed loans.

8. Determination of completedity shall be based on the judgment of a supervisor.

However, on August 1, 2014, prior to the conclusion of the instant contract, D had already been granted a construction permit for the construction of a factory of the five-dimensional size above the ground level from the Sung-gun, Seongbuk-gun, Gyeong-gun, and E’s representative G also on the same day.

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