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(영문) 인천지방법원 2018.09.21 2017가합55809
공사대금
Text

1. The Defendant (Counterclaim Plaintiff)

A. From July 19, 2017 to September 2018, 2018, Plaintiff (Counterclaim Defendant) KRW 141,316,400 and its amount.

Reasons

. The construction was performed directly by re-subcontracting the above construction sector.

B. On July 27, 2015, the Defendant concluded a contract with the East Docencen and construction, and settled the progress payment up to that time as KRW 184,260,340, and on July 28, 2015, the remainder portion of the construction project (hereinafter “the remainder portion of the construction project”) to the Plaintiff was determined and subcontracted as follows from July 28, 2015 to February 28, 2016: the construction cost of the construction cost of KRW 354,00,000 (including value-added tax) and the construction period of the construction period of KRW 354,00,000;

(hereinafter “instant contract”). The main parts of the instant contract relating to the instant case are as follows.

Standard subcontract agreement for construction works (basic)

1. Project owner: A prime contract name: Newly Inserted by C;

2. The name of subcontracted project: Chang-ho, metal, or glass works from among new C-built works;

3. The place of construction: Seo-gu, Seoan-gu, Seocheon-gu.

4. Period of construction: February 28, 2016, the completion date of construction, July 28, 2015.

5. Contract amount: 354,00,000 won: 318,600,000 won (Labor cost: seeing the full statement of daily gold)* Value-added tax on labor cost under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry. 35,40,000 won; and

6. Payment of the price;

(a) Advance payment: No one; and

(b) Primary portion: 10% in cash; and 2) Method of payment 30 days after the date of receipt of the object: 10%

(c) Payment within 15 days from the date of receipt of the adjustment from the ordering person, in accordance with the contents and proportion thereof, within 30 days from the date of such adjustment;

7. Items and quantities of materials to be paid: Attached separately;

8. Contract bond: 35,400,000 won; and

9. Warranty bond rate: 3%: 11. The rate of liquidated damages shall be the same as the corresponding provisions; 11. The rate of liquidated damages: 1/1,000 construction business standard subcontract (in the main sentence of the contract) (1) The plaintiff and the defendant shall guarantee the execution of contract and the payment of the construction price in each of the following manners:

1. Guarantee of performance of the contract amount corresponding to 10% of the contract amount to the Defendant.

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