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(영문) 수원지방법원평택지원 2017.09.14 2017가합133
공사대금
Text

1. The defendant,

A. The Plaintiff is simultaneously entitled to the security of defect liability equivalent to KRW 5,000,000 from the Plaintiff.

Reasons

1. Standard form subcontract agreement for the basic fact;

1. Name of a contracting business place for water supply and sewerage systems in Pyeongtaek-6: Construction works for small-scale sewerage maintenance works in the vicinity of K-6 (on-site area-3 tea);

2. The name of the subcontracted project: The waterworks and sewerage works among the above works;

4. Period of construction: 3,265,900,000 won for the contract on September 5, 2015, the completion of April 24, 2015;

6. Payment of the price;

(a) Two percent (within 100,000,000 won (within 10 days after concluding a contract) for the advance payment of KRW 300,000,000,000 in accordance with the details and proportion of the advance payment within 15 days from the date on which the person ordering an advance payment was received or within 300,000,000 won (within 30 days from the date of concluding a contract); and

(2) Method of payment (3) Method of payment within the date on which the order is not issued from the date of acquisition of the object: 100% in cash;

8. Amount of the contract for the performance bond: 10%, 326,590,000 won; and

(a) The rate of warranty bond: 3% of the contract amount;

(b) Security deposit for repairing defects: Payment of the full amount per day;

(c) Warranty liability period:

A. On May 27, 2015, the Plaintiff entered into a contract with the Defendant (i.e., a mutual case construction company prior to the alteration) under which he/she received “small-Scale Sewerage Maintenance Works in the area adjacent to K-6” from Pyeongtaek-si, under which he/she contracted the following terms:

B. On January 19, 2016, the Plaintiff and the Defendant modified the said contract as follows.

Standard subcontract form of construction works

4. Period of construction: 2,301,090,000 won for the contract on December 15, 2015, the completion of construction on April 24, 2015;

9. The ratio of warranty bond: 3%; 10. Liability period: By the date of completion of the liability for the original contract;

C. On March 24, 2016, the Plaintiff and the Defendant re-amended the said contract as follows:

(hereinafter referred to as the “instant construction contract and modified contract” in total). Standard subcontract agreement for construction works

4. Period of construction: From April 24, 2015, to completion of construction from March 26, 2016;

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