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(영문) 대구지방법원서부지원 2015.04.23 2013가합3379
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Date of commencement of recognized facts: 30% in advance, intermediate period 40%, and 30% after completion shall be paid for the completed amount of 4,345,000,000 won (the supply price of KRW 3,950,000,000, value-added tax of KRW 395,000: 30% in advance, interim period 40% in advance, and 30% in advance;

(1) The liability rate for delay: 3% of the warranty bond, and the rate of liquidated damages for each type of work for defect warranty: 1/1000 (1) B shall, when the construction has not been completed within the deadline for completion, pay to Gap (the defendant) the amount calculated by multiplying the contract amount by the rate of liquidated damages for delay under the contract (hereinafter referred to as the "compensation for delay") for each number of days without delay.

Provided, That where a completion inspection has been delayed due to a cause attributable to the defendant and where construction has been delayed due to any cause falling under any of the following subparagraphs, the penalty for delay equivalent to the number of relevant days need not

(3) The defendant may set off the penalty for delay calculated under paragraphs (1) and (2) against the construction price paid to the plaintiff under Article 25.

Article 28 (Defect Security) (2) The plaintiff shall repair all defects arising from the relevant work during the warranty period prescribed in the contract from the date the defendant acquired the entire object and the date the completion inspection is completed, whichever comes first.

(hereinafter referred to as "Direct Payment of Subcontract Price") (1) The defendant shall pay the subcontractor the subcontract price corresponding to the portion executed by the subcontractor under the Act in accordance with the Fair Transactions in Subcontracting Act and the Framework Act on the Construction Industry, in case where the plaintiff causes the direct payment of the subcontract price under the subcontract contract concluded by the plaintiff pursuant to Article 29.

On November 19, 2012, the Plaintiff and the Defendant rendered a contract amount of KRW 4,345,00,000,000 for the new construction work of the Defendant Sunggu-gu Factory on the ground B (hereinafter “instant building”) (hereinafter “instant construction work”).

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