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(영문) 수원지방법원안산지원 2017.12.07 2016가합6252
공사대금
Text

1. The Defendant’s KRW 103,181,553 as well as the Plaintiff’s annual rate of 5% from May 5, 2016 to December 7, 2017.

Reasons

1. Facts of recognition;

A. On January 18, 2016, the Plaintiff entered into a contract for construction works with the Defendant and entered into a verbal contract with the contractor on February 19, 2016 and entered into a contract for construction works with the Defendant and the contractor as the Plaintiff (hereinafter “instant contract”).

【Contract for Private Construction Works】

1. Construction name: Cri site creation works;

2. Place of construction: Gwangju City D and two parcels.

3. Date of commencement: Contract amount on January 18, 2016: 327,00,000 won (excluding value-added tax): (Labor expenses: 147,150,000 won).

6. Contract bond: A contractor and a contractor agree not to pay a contract bond under an agreement.

7. Advance payment: A contractor and contractor agree not to pay the advance payment under an agreement.

8. 1) The remainder that no down payment is made: 2) The intermediate payment that has been made: 327,000,000 won: 327,000,000 won (general conditions of the standard contract for private construction works] Article 32 (Cancellation, etc. of Contract by the contractor) (1) The contractor may cancel or terminate all or part of the contract in any of the following cases:

1. Where the contract price has decreased by not less than 40/100 of the contract price by modifying the contents of construction works;

2. When the period of suspension of construction due to any cause attributable to the contractor exceeds 50/100 of the construction period in the contract.

3. Where it is deemed clearly impossible for a contractor to appropriately perform the work due to the failure of the contractor to perform the terms and conditions of the contract without any justifiable reason, the contractor and the contractor shall settle the construction amount of the completed work without delay when the contract is terminated pursuant to Articles 31 and 32.

(2) If any loss has been incurred due to the rescission or termination of a contract under Articles 31 and 32, the other party may claim compensation therefor from the latter.

Article 34 (Right of Contractor to Concurrent Performance) (1) A contractor shall delay the payment of the advance payment and the completed portion under the terms of the contract.

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