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(영문) 인천지방법원부천지원 2019.11.07 2018가단108904
공사대금
Text

1. The Defendant: (a) KRW 44,00,000 for the Plaintiff and 5% per annum from July 25, 2019 to November 7, 2019; and (b) November 8, 2019.

Reasons

1. Facts of recognition;

A. Party status 1) The Defendant was awarded a contract with C Co., Ltd. for a golf club down and its appurtenant construction with C Co., Ltd. for the purpose of building construction business, and the Plaintiff during the said construction work (hereinafter “instant construction work”).

(2) The Plaintiff was awarded a contract for the instant construction by the Defendant, a company with the aim of manufacturing heat-using machinery, etc.

B. (1) On September 18, 2017, the Plaintiff entered into a contract with the Defendant for the instant construction project with the term of construction from September 18, 2017 to April 30, 2018, setting the contract amount of KRW 673,200,000 (including value-added tax) and entered into a standard subcontract agreement for the construction project (A evidence 3; hereinafter “instant contract agreement”).

2) Of the terms of the instant contract, the issues of the instant case are as follows.

Standard subcontract agreement (basic) for construction works 06. Payment of the price

(a) Advance payment: No one;

(b) Endd portion: To be paid as at the end of the following month after a final inspection of the completed portion of construction (as at the place of issue payment).

(c) Article 11 (Inspection of Construction Materials) (1) of the Standard Subcontract Agreement for Construction Works within 15 days from the date on which the ordering person receives an adjustment from the ordering person in accordance with the details and proportion of the adjustment and payment (i) of the price adjustment and payment due to any change in the design, the economic situation change, etc. (i) the materials to be used for the Corporation shall be new products, and quality, name, etc. shall be consistent with

However, unless the design documents clearly stipulate quality, product name, etc., it shall be the most appropriate for the achievement of the purpose of the contract as materials corresponding to the standard product or standard product.

Article 25 (Cancellation and Termination of Contracts) (1) In cases falling under any of the following subparagraphs, the defendant or the plaintiff shall notify in writing the performance of the contract within a reasonable period and then the contract shall be concluded within the said period:

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