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(영문) 서울북부지방법원 2019.10.16 2018가단852
공사대금
Text

1. The Defendant: (a) KRW 19,00,290 for the Plaintiff and 5% per annum from January 24, 2018 to October 16, 2019 for the Plaintiff.

Reasons

Basic Facts

On August 27, 2014, the Plaintiff agreed to provide services for removing obstacles from the Defendant to KRW 787,00,000 (excluding value-added tax; hereinafter the same shall apply), which is a rearrangement project zone of Dongdaemun-gu Seoul (hereinafter referred to as the “instant project zone”), as follows:

4. Service period: from the date of actual commencement of the service to the date of actual completion of the service;

7. Scope of services: Gas, water supply, communications, electricity, electric cable poles, septic tanks, removal of excreta treatment, mail box, etc., and waste pipe construction, etc. (matters under a special contract for services);

5. The Defendant’s actual expenses, such as the charge and tax amount of the person who caused the contract service-related agency, shall be paid by the Defendant.

(A) On October 6, 2015, the Plaintiff agreed to provide additional services for removing obstacles to the instant project area at KRW 252,00,000 as follows (hereinafter the instant additional services contract) on October 6, 2015 by being awarded a contract from the Defendant for the installation of an additional services for removing obstacles to the instant project area (hereinafter the instant additional services contract), and the remarks column of the cost statement attached to the contract are stated as follows.

6. The scope of services: The remainder inputs shall be calculated at the time of remainder on the gas, water supply, electricity, communications, electric cable poles, septic tanks, foul waste treatment, mail box, removal and waste disposal works (payment of service charges) increased or decreased.

(1) Payment: 30% of the balance of the contract amount shall be paid at the time of completion when 50% of the contract amount is performed at the time of the contract to be established by the Corporation, and 40% of the balance shall be reflected in the positive calculation.

Article 9 (Extension of Work Period) (1) Where the performance of service is delayed due to a cause not attributable to the plaintiff, such as a natural disaster or force majeure, etc., the plaintiff may request in writing the defendant to extend the work period.

(2) Where there is a request for extension of the contract period under paragraph (1), the defendant shall investigate and confirm such fact immediately and perform the service.

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