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(영문) 수원지방법원 2019.10.24 2018가합18460
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 373,876,357, and Defendant B and C with respect thereto from July 4, 2018, respectively.

Reasons

1. Facts of recognition;

A. On November 3, 2016, the Plaintiff, engaged in a construction business, received down payment of KRW 50 million from Defendant B, and around that time, he/she is one of the process of construction of a construction of a construction site for a F-F-gun E and nine parcels of land outside Gyeonggi-gun, and the Plaintiff’s total work of finishing or finishing the interior of the building or construction of a new construction method.

(See the National Language Institute of Korean Language in hereinafter referred to as “instant construction,” and the building newly constructed at the above construction site began to be “the instant building.”

B. On February 1, 2017, the Plaintiff entered into a contract on the instant construction project with Defendant B and C as follows (hereinafter “instant contract”). Defendant D guaranteed Defendant B and C’s obligations under the instant contract.

The contract of this case

1. Construction name: F 1,3 new site swimming projects;

2. The construction site: The both Pyeongtaek-gun E, and nine parcels; and

3. Date of commencement: The date scheduled for completion on December 4, 2016: The contract amount on March 5, 2017: the KRW 687,000,000 (the KRW 687,00,000).

6. Contract bond: Ten million won per day; and

7. Part payments: Primary G heading (referring to substitutes) 2 H (〃 4).

8. Balance: The balance shall be settled in cash after the completion of each such case; and

12. The rate of liquidated damages: 3/1,000. Other matters: The construction amount shall be calculated based on a written estimate.

(2) The part payments shall be classified into Ghos and H, and shall be the current gold after a financial event occurs after completion.

Documents to be attached:

1. Article 1 [General Provisions] A (hereinafter referred to as "A") and a contractor (hereinafter referred to as "B") of the General Terms and Conditions of a contract for private construction works shall comply with the contract in good faith in cooperation with each other on an equal footing;

Article 25 [Payment of Price] (1) B may adjust the construction site, such as removal, removal, etc. of surplus materials, wastes, temporary facilities, etc. immediately after passing the completion inspection of A, and claim the payment of the construction cost to A.

(2) A shall have the object of a contract, unless otherwise stipulated.

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