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(영문) 서울남부지방법원 2018.09.11 2017가합114444
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 28, 2016, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant on the replacement of the elevator (hereinafter “instant apartment”) located in Gangseo-gu, Gangseo-gu, Seoul (Gayangdong) Han River (hereinafter “instant apartment”). The main content of the instant contract is as follows.

Contract amount: The construction period of KRW 976,470,00 (including value-added tax): The special agreement from November 29, 2016 to May 31, 2017: From November 2016: With respect to the elevators of Han River 29 under conditional approval from the Korea Elevator Safety Authority at the time of regular inspection in 2016, all civil, criminal, administrative, and cost-bearing so as not to cause any problems, such as the suspension of elevators, etc.

The deadline for completion: The payment for delay on June 30, 2017: 3/1,000 of the total contract amount: (1) the payment rate of the installment payment under Article 2 (Payments) of the General Conditions of the Construction Contract (Payments) of the Construction Contract; 10% of the total construction cost shall be paid at least 97,647,000 of the total construction cost after the completion of the inspection for the relevant elevator at least 11,00 cash transfer from the account of cash transfer within 15 days after the completion of the inspection for the relevant elevator, the owner, management entity, and supervision company shall complete the inspection for the remainder of cash transfer from the account after the completion of the inspection for the relevant elevator, and the owner, management entity, supervision company, and supervision company shall complete the inspection for the remainder of cash transfer within 30 days after the completion of all procedures, and Article 15 (Inspection for Completion) (1) of the Construction Contract shall be notified to the defendant after receipt of notification, and the defendant shall be deemed to have passed the inspection within 30 days after receipt of notification.

(2) When the plaintiff fails to pass an inspection under paragraph (1), he/she shall repair or remodel it without delay and undergo a completion inspection again.

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