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(영문) 대전지방법원 2017.06.21 2016나107330
공사대금
Text

1. Of the judgment of the court of first instance, the plaintiff against the defendant B Co., Ltd. equivalent to the amount ordered to be paid below.

Reasons

Basic Facts

The court's explanation on this part is identical to the corresponding part of the judgment of the court of first instance in addition to the use of "the result of this court's entrustment of appraisal to the appraiser J of the appraiser's judgment of this court" in Section 6 of Section 5 of the judgment of the court of first instance as "the result of the court of first instance's entrustment of appraisal to the appraiser J of the appraiser's judgment of the court of first instance". Thus, it is citing

Defendant B and 2 are only referred to as “Defendant”.

In full view of the purport of the entire pleadings, the following facts are recognized in each of the statements in Gap evidence Nos. 4 through 11, 14, 33, and Eul evidence No. 12.

Of the contents of the instant construction contract that the Plaintiff entered into with the Defendant on June 8, 2012, the instant case and the date of commencement: The expected date of completion on June 26, 2012: The rate of delay compensation in accordance with the principle of payment under the special agreement: The rate of delay compensation: 1/1,000 of the contract amount (0.1% of the contract amount x the number of delayed days) shall each be calculated by the number of delayed days, in accordance with the principle of payment under the special agreement: Other matters under Article 25: (1) the contract amount of the instant construction project is determined by adjusting the unit price based on the statement of execution computed by the Defendant before the contract, and the contract amount shall be increased or decreased.

In addition, the modification of the design that occurs in the course of the modification and execution of the business plan by the defendant shall be submitted to the defendant in advance and approved by the plaintiff before the implementation of the relevant part, so that it shall not interfere with the progress of the construction work, and it shall be reflected in the design modification.

Article 22 (Charges) (1) If the defendant specifies the completed portion of the contract, he shall inspect the completed portion thereof.

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