(영문) 부산지방법원 2015.07.02 2013가합15930

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(영문) 부산지방법원 2015.07.02 2013가합15930

공사대금 등

Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 101,098,755 to the Plaintiff (Counterclaim Defendant) and the amount from October 29, 2012 to July 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff as a party is a company running reinforced concrete construction business or engineering work business, and the defendant is a company running a housing construction business.

B. On March 19, 2012, the Plaintiff entered into a contract with the Defendant and the Seo-gu Busan Metropolitan Government on the terms of contract amount of KRW 84,70,000 (value of KRW 77,000,000, value-added tax of KRW 7,700,000), and the construction period of construction from March 21, 2012 to April 20, 2012, with the rate of KRW 3/1,000 per day for liquidated damages.

The main contents of the terms of the contract for the civil engineering works of this case are as follows.

3. The scope of this civil works shall be on the basis of the specifications.

(b) The destruction of septic tanks and subsequent filling, the establishment of oil diplomatic missions, and the disposal of wastes are the processes contained in this subcontract;

10. Method of payment;

(a) construction cost means (1) the addition of construction cost to all the construction cost including material cost, personnel cost, waste disposal cost, safety management cost, insurance premium, etc. required for the construction of underground soil at the site;

(2) The cost of treating industrial wastes and residues arising from a construction project after the completion of the construction project is all included therein.

(3) Even if there is a part on the attached specification, “B” shall be responsible for and constructed with respect to the part to be inevitably installed or constructed due to the construction work, and the additional amount shall not be recognized.

(b) Cash payment method: A bill (4 months in maturity) = Payment in the proportion of 5:5.

(2) The fee for discount incurred when a bill is discounted shall be paid by the "B" to the portion that is already included in the contract amount.

(3) The payment for the construction work is a condition that a progress payment (70% of the contract amount), a balance (20% of the contract amount), and a reservation payment (10% of the contract amount).

(4) The contract price for progress payment after the construction period has been completed for one month.

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