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(영문) 서울북부지방법원 2016.10.12 2015가합20395
공사대금
Text

1. The Defendant’s KRW 37,467,890 for the Plaintiff and KRW 6% per annum from December 12, 2013 to October 12, 2016 for the Plaintiff.

Reasons

1. Basic facts

A. On July 12, 2013, the Plaintiff entered into a contract with the Defendant (Co., Ltd. (hereinafter “instant building”) to carry out the interior works of the 10th floor floor (hereinafter “instant construction”). At the time of completion, the Plaintiff entered into a contract stating the construction cost of KRW 3 billion (A evidence No. 1; hereinafter “3 billion contract”) on November 15, 2013 and the date of completion and the contract stating the construction cost of KRW 2.2 billion (hereinafter “2 billion contract”). The main contents of the two contracts are as follows:

Article 3 [Details of Works]

4. In principle, the level of all the interior works shall not be less than the lowest E level.

5.All the interior levels referred to in paragraph 4 include chairs, tableors, lighting, floors, walls, ceilings, signboards, kitchen facilities and fixtures, etc. that are necessary for open.

Article 4 [Construction Supervisor]

1. The defendant may, on behalf of himself, appoint a person who performs the following matters (hereinafter referred to as the “Corporation supervisor”):

(i) Article 5 (Field Agents) to be present at the inspection of completed portion of the construction, inspection of completion, or delivery of objects of the construction, 2) to be present at the inspection or examination of materials and works of the construction.

1. The plaintiff shall appoint a field agent before the commencement and notify the defendant thereof.

2. An on-site agent shall stay at the construction site and represent B with respect to all matters regarding the execution;

§ 8. [Defect repair]

1. The Plaintiff is responsible for repairing all or part of the defects that occurred within 24 months after the completion of the construction work.

2. The Plaintiff shall issue a defect repair performance bond and submit it to the Defendant.

3. The plaintiff is exempted from liability in the event of the defendant's negligence or natural disaster.

B. On July 12, 2013, the Plaintiff prepared two copies of the above contract, and signed a three hundred million won contract with the Defendant at the tax office.

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