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(영문) 부산고등법원 2015.10.15 2014나2587
공사대금
Text

1.The judgment of the court of first instance, including further expansion and reduced claims by the plaintiff at the trial, shall be modified as follows:

Reasons

1. Basic facts

A. On August 18, 2012, the Plaintiff was awarded a contract with the Defendant, with the amount of KRW 240 million (excluding value-added tax), and the period from August 8, 2012 to September 25, 2012, with the amount of KRW 200,000,000 per day for the E-building during which the construction was being carried out by D General Construction from the Defendant Kimhae-si to Kimhae-si (hereinafter “instant construction”).

② The Plaintiff and the Defendant agreed on August 20, 2012 on the payment method, etc. of construction price, and the main contents are as follows:

(A) The proceeds of the purchase of stones and other days shall be settled by the owner in advance within the contract amount.

(b) The cost of construction shall be paid in two equal installments within 50 per cent of the amount required for the progress of the construction project, and 30 per cent after the completion of the construction shall be paid within one month after the completion of the construction.

(C) If the contractor neglects the progress of the work or fails to carry out the work for more than five days, the contractor shall be deemed to have waived without consultation with the owner, and the project owner shall select another contractor and proceed with the work, and the contractor shall not raise any objection, and the construction cost shall be paid at least 50%.

③ Meanwhile, the instant construction contract was terminated on October 24, 2012, and the Plaintiff and the Defendant agreed to terminate the instant construction contract, but did not reach a specific settlement agreement.

④ After suspending the instant construction work, the Defendant directly proceeded with the remainder of the construction work and completed the instant construction work around November 20, 2012.

B. The scope of the contract and the nature ratio ① The detailed details of the instant construction and tin works among the instant construction are as follows, and tin works, etc. not included in the instant construction were conducted by the Defendant by trade in lushes, etc., a corporation contracted by the Defendant.

- Twits : 3,4 elevator rooms (floors and walls), 3,4 stories.

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