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(영문) 대구지방법원경주지원 2015.07.10 2013가합508
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 8,139,037 to the Plaintiff (Counterclaim Defendant) and its related amount from April 2, 2013 to July 10, 2015.

Reasons

1. Basic facts

A. The plaintiff is a company that aims at the soil construction business, and the defendant is a social welfare foundation established for the purpose of establishing and operating a community facility for persons with intellectual disabilities.

B. On February 10, 2012, the Defendant: (a) announced an open competitive bidding on the project for the mobilization and rehabilitation center of 5 Dong-dong, Dong-dong, Dong-dong, and the renovation and repair construction project of the party (hereinafter “instant construction project”); (b) around February 16, 2012, the Defendant, a first-class bidder corporation, around February 16, 201, was finally selected as a successful bidder on March 8, 2012 by giving up a contract for the transfer; and (c) on March 8, 2012, the Plaintiff, a second-class bidder, was finally selected as a successful bidder through a qualification examination.

The name of the construction project: The contract amount of construction works for the living hall of class 5 and the building works for the renovation and repair of the lecture: 580,376,000 won on March 27, 2012: The date of completion: The construction period on August 23, 2012: 150 days from the date of commencement: the total of 150 days from the date of commencement; and the compensation rate for delay of 150 days: the contract amount for the construction project above 0.1% of the contract amount; the contractor and the joint guarantor shall respectively promise to the following matters and prepare

1. The contractor affirms that the contract is part of this contract, and carries out its contractual obligations in good faith and in good faith, the terms and conditions of the contract, special conditions of the contract, the terms and conditions of the contract, the terms and conditions of the contract, the terms and conditions of the contract, the terms and conditions of integrity contract, the agreement on joint supply and demand, the statement of particulars of calculation (including the subcontract) and the terms and conditions of the contract, as publicly notified at the time of the tender.

2. Payment: 30% of advance payment, 40% of progress payment, and 30% of completion money.

3. Method of payment: Within 7 days after receiving the subsidy.

C. On March 19, 2012, the Plaintiff and the Defendant concluded the following construction contracts (hereinafter “instant construction contracts”) with respect to the instant construction works.

The Plaintiff started the instant construction work on or around March 27, 2012, and thereafter the instant construction contract.

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