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(영문) 서울고등법원 2017.12.15 2016나2050472
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff in relation to Defendant Lox Korea, which orders payment below.

Reasons

1. Basic facts

A. On May 6, 2010, the Plaintiff entered into a contract for a construction project (hereinafter “instant contract for a construction project”) with Defendant Nex Korea with the content that the Plaintiff is entitled to a contract amount of KRW 4,500,000 (value-added tax separate) for the construction project that constructs solar power plants on the land specified in attached Table 1 of the attached Table 1 from Defendant Nex Korea (hereinafter “instant construction project”). The main contents are as follows.

Article 20 (Partial Deposit) (1) If a contract for construction works specifies the completed portion, the plaintiff may request an inspection of the completed portion pursuant to the contract. In this case, defendant Qex Korea shall conduct an inspection without delay and notify the plaintiff of the result.

If the plaintiff fails to notify the result of the inspection within 14 days from the date on which the inspection was requested to Defendant Qex Korea, it shall be deemed to have passed the inspection.

(2) The completed portion of a SPC project shall be calculated on the basis of the unit price stated in the calculation sheets.

The payment of the price shall be directly transferred to the plaintiff's old account by the payment of the contract price to the plaintiff.

(3) The defendant window Korea shall pay the completed portion of the SPC project within 14 days from the date the inspection provided for in Article 20 (1) passes.

(4) Where Defendant Qex Korea delays the payment of the completed portion under Article 20 (3), both parties shall comply with Article 23.

Article 22 [Completion Inspection] (1) When the Plaintiff completes the construction, the Plaintiff shall notify the Defendant exte Korea, and the Defendant exte Korea shall, without delay, conduct the inspection in the presence of the Plaintiff after receiving the notification.

the prosecutor must complete within 10 days.

In the event that Defendant Qte Korea does not notify within 10 days after completion of the inspection or does not complete the inspection within the time limit, the Corporation passed the inspection and fully accepted by Defendant Ptete Korea.

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