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(영문) 서울동부지방법원 2015.10.16 2014가합12766
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 1,290,075,634 as well as 20% per annum from October 28, 2014 to the date of full payment.

Reasons

Basic Facts

1 Conclusion of construction contracts

4. Scheduled date of completion: Contract amount of non-high speed 1,896,30,000 square meters for six months after the commencement of the construction works, plus 177,800 square meters for the representative of the consortium 1,113,400,000 square meters for six months, plus 3,250,000 square meters for the total of 62,50,000 square meters.

5. Contract amount: 3,250,000,000 won (excluding value-added tax);

8. Late portion: The rate of liquidated damages for delay paid once in two months: General Conditions of 1/1,000 of the contract amount per day (in the contract for construction work, the sum of the defendant, Medidi, scarfs, and ambs together with the defendant, etc., hereinafter referred to as "the defendant, etc.") under Article 23 (1) of the General Conditions of the contract (in the contract for construction work, the sum of the completed portion) may request the plaintiff to inspect the completed portion. In such case, the defendant, etc. shall conduct an inspection without delay and notify the plaintiff of the result thereof, and if no notification is made within 14 days,

(3) The defendant, etc. shall pay the amount completed within 14 days from the date of completion of the inspection to the plaintiff according to the contract ratio of the defendant, etc.

(4) Article 27 (3) shall apply mutatis mutandis where a defendant, etc. delays the payment of the completed portion under paragraph (3).

Article 26 (Completion Inspections) (2) Upon completion of construction, the plaintiff shall prepare such fact in writing and submit it to the defendant, etc. and undergo an inspection. Even if it is partially completed, the defendant, etc. shall comply with the request for delivery.

(3) The defendant, etc. shall confirm, within 14 days from the date when the completion of an object is notified by the plaintiff, under the presence of the other party to the contract by contract, design or other related documents, and shall notify the plaintiff of the result of the inspection

Where no notification has been made within 14 days after a request for inspection was made, it shall be deemed that the inspection has been passed.

(4) If a person fails to pass an inspection, he/she shall undergo a reinspection immediately, and in such cases, the construction period shall be extended.

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