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(영문) 수원지방법원성남지원 2017.10.17 2015가합205525
공사대금반환
Text

1. The Defendant’s KRW 325,121,541 as well as the Plaintiff’s annual rate of KRW 5% from November 12, 2015 to October 17, 2017.

Reasons

Basic Facts

The plaintiff of a construction contract between the plaintiff and the defendant is a person who runs a construction business under the trade name of C, and the defendant is a company that manufactures, produces, processes, etc. alley.

On April 11, 2014, the Plaintiff: Provided, That on March 27, 2014, the date on which the contract was drawn up was retrospectively set.

Between the Defendant and the Defendant, the following construction work contract was entered into between the Defendant and the Defendant: (a) to newly construct the factory operation and office operation of the second floor on the ground surface in Gwangju City D (hereinafter “instant building”) with the construction cost of KRW 1,023,00,000 (including value added tax):

hereinafter referred to as “instant contract for construction works”

1. Construction name: The construction work of new defendant factory in Gwangju City; and

2. Construction place: Gwangju City D.

3. Date of commencement: The date scheduled for completion on April 27, 2014: The contract amount of KRW 930,000,000 on August 30, 2014: The defendant presented a certificate of KRW 1; and the contract amount of KRW 1,140,000,000 is a true contract; however, in full view of the entries in evidence No. 24 and the purport of all pleadings, the defendant's assertion that the document No. 1 was false for embezzlement of the defendant's representative director, is rejected.

(Supplementary tax separate, labor and material costs are included in the contract amount)

6. Contract deposit: 93,000,000 won.

7. Partial payments for completed portion: in accordance with special conditions.

8. Items and quantities of materials for payment: None of the relevant matters;

9. The rate of warranty bond and warranty period: 2% of the construction cost, and general terms and conditions of the construction contract for 12 months from the completion date of construction work.

7. The term "calculated statement" means the details on which the specifications, quantities, units, etc. of the items or items constituting the objects by type of work, and of the same items or items are indicated.

8. The term "detailed statement" means a statement which a contractor submits to a contractor by stating a unit price in the calculation sheet.

Article 3 (Contract Documents) (1) Contract documents shall be constructed.

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