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(영문) 서울중앙지방법원 2015.01.15 2012가합79724
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Hando Construction Co., Ltd. (hereinafter “Korea-do Construction”) (hereinafter “Korea-do Construction”).

B) around March 2008, the Defendant and the Defendant met with the Kukdong D (hereinafter referred to as the “Ddong Ddong D”) Jkikdong D (hereinafter referred to as the “Ddong D”)

) Newly constructed construction (hereinafter referred to as “first construction”)

4,149,545,000 won contract (hereinafter referred to as “first contract”)

(2) During that period, Hando Construction demanded the Defendant to make payment for the completed portion of KRW 44,419,545,00 in total, but the Defendant paid KRW 44,127,560,165 out of that amount, and did not pay KRW 21,984,835 out of the second completed portion.

B. 1) On May 16, 2008, Hando Construction Co., Ltd. (1) On May 16, 2008, the Defendant and the Defendant were designated as the prime city, the Hando Art Gallery Construction Co., Ltd. (hereinafter “Second Art Co., Ltd.”).

(i)a contract under which 14,905,000,000 won (including value-added tax) is awarded (hereinafter referred to as “second contract”);

In this part of the contract, a clause relating to the payment of progress payment (hereinafter referred to as the “instant clause”) was entered into.

) Article 22 (referred to as "satisfyed portion" (referred to as "satisfy portion" (referred to as "satisfy portion" (referred to as "satfy portion")") may be requested to inspect the completed portion pursuant to such request. In this case, the defendant shall conduct an inspection without delay and notify the results thereof to satisfy, and the inspection shall

(2) The completed portion shall be calculated based on the unit price of the calculation sheet.

Provided, That where there is no calculation statement, it shall be calculated by agreement between the local construction and the defendant according to the construction progress ratio.

(3) The defendant shall pay the progress payment for the progress payment within 14 days from the date of completion of inspection in accordance with the contents of inspection.

Article 3 (1) of the Special Conditions: Claim for progress payment according to the construction progress ratio compared to the contract amount each month, and the finalized progress payment shall be paid in cash.

(2)

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