(영문) 광주지방법원 2018.06.21 2016가단531206

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(영문) 광주지방법원 2018.06.21 2016가단531206

공사대금

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1. Defendants are jointly and severally and severally liable to the Plaintiff, KRW 39,315,203, and KRW 5% per annum from June 22, 2016 to June 21, 2018.

Reasons

(8) As a result, on March 11, 2016, the Plaintiff entered into a modified contract with the Defendant on the following terms and conditions (hereinafter referred to as “the second contract in this case”) and (1) The name of the Corporation: (2) the term of completion of the construction works of a newly built D factory of a Company B: April 21, 2016; (3) the contract amount: (5,400,000 won (including value-added tax at the beginning payment: electricity of KRW 569,80,800; communications KRW 59,40,000; additionally KRW 25,000: 170,940,000: 170,940,0000: 170,940,940,0000: The remainder after the completion of the steel construction works (the owner of the construction works and the completion inspection); 27,290,000,000 won under the special terms and conditions of the construction contract (excluding the construction contract).

2. The standard form of contract shall be 40 days from the date of the contract for modification (the date of registration of the building completion register with the permitting authority) from the date of completion as the contract the main contents of which are the change of the construction period under the contract for the new construction of a new factory (extension) of a company B.

3. “B” must be paid to “A” regardless of the general terms and conditions of the standard contract where the proceeds directly processed by the project owner exceed the amount of the warranty bond due to the failure to perform the repair of defects after the completion of the construction.

4. Summary of the termination of a written notice of a standard contract under Article 34 of the General Conditions of the Contract when it is impossible to complete the standard contract within the completion date;

A contract shall be automatically terminated, regardless of case.

5. In the event of an omission in the construction work (e.g., drawings and details), the construction work shall be completed in compliance with the direction of interpretation of "A" and without changing the contract amount;

6.The completion inspection of the owner “A” and the supervisor.

참조조문

-건설산업기본법

유사 판례

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