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(영문) 대전지방법원 2015.03.19 2014가합2314
공사대금
Text

1. The Defendant’s KRW 320,857,703 as well as the Plaintiff’s KRW 19% per annum from May 31, 2014 to March 19, 2015.

Reasons

1. Basic facts

A. On February 7, 2012, the Plaintiff entered into a contract with the Defendant, based on the terms and conditions (Evidence 1) for the payment of construction expenses attached to the contract form within 163-3 days from the date of the commencement of the construction project, the Plaintiff entered into the contract into an agreement with the Defendant to pay the construction expenses of KRW 9,617,300 (including value-added tax, and the amount equivalent to the down payment 10% of the construction expenses) within five business days from the withdrawal of the loan under the loan agreement, and the first and fifth progress payments within two months from the end of each two months from the commencement of the construction project to the end of February 12, 2012, the Plaintiff shall pay the payment of the construction expenses within the period of 10 days from the date of the examination of the supervision group to the end of February 31, 2012, respectively, within the period of 30 days from the date of completion of the construction project to the end of February 2012.

Article 18 (Standard Terms and Conditions of Construction Contract) (1) If the plaintiff specifies the completed portion in the contract, the plaintiff may request the inspection of the completed portion in accordance therewith. In such cases, the defendant shall conduct the inspection without delay.

(2) The plaintiff may claim the amount of progress payment calculated in accordance with the unit price of the result of the inspection under paragraph (1) and the detailed statement of construction price under Article 6, and the defendant shall pay it in accordance

③ In a case where the Defendant delays the payment of the progress payment under paragraph (2) of this Article, according to the statement of Article 22(4) A No. 1 of this case, Article 22 of this case’s contract document does not exist, and the payment of the work price is made.

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