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(영문) 서울고등법원 2017.01.20 2016나2028987
공사대금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

3. Period of construction: July 30, 2013: Date of commencement - September 15, 2013 (45 days).

4. Contract amount: KRW 80,000,000 in daily gold-making/Won (excluding value-added tax).

5. The method of paying down payment: - The Defendant shall pay to the Plaintiff the remainder of KRW 50,000,000,000 in the first down payment/Won - the remainder of KRW 30,000 in the first down payment/Won 30,000 after entering into a contract for the construction project.

The balance shall be based on the payment that the defendant in division pays to the plaintiff by December 31, 2013, but the repayment period may be changed upon approval of the plaintiff after consultation in accordance with the status of the sales of the center.

6. Scope of construction: D dance center interior works (including works (including works equivalent to drawings) and change of use) - Sound apparatus and equipment /OA apparatus, furniture/communication room expenses, apparatus (raphonephones, telephone lamps, etc.) / air conditioners, screen / cooling machine projectors, screen / air conditioners, and cooking apparatus/dplate props;

7. Repair period: One year from the date of completion of construction, and any defect caused by a natural disaster or a defect in the management of the defendant may be separately claimed.

◆ 특약사항

1. The purpose of this construction contract is to participate in the globalization of the D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Dgs, and the Plaintiff shall enter into a contract and execute the work on the basis of the contract with

2. The defendant of the D Center and the head of the Center shall pay to the plaintiff the difference between the contract price and the balance of the installment repayment, among the construction price equivalent to the submission field of the principal school, if the contract is not implemented at the opening point of each branch school.

3. The terms and conditions of the special agreement correspond to this agreement, and the defendant of the Center and the head of the Center agree that the plaintiff has legal rights as to paragraphs 1. and 2. when the defendant's unilateral default.

4. The actual cost of construction works shall be presented at the time of delivery of design documents, as the cost of the construction works is contracted due to the characteristics of the construction works.

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