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(영문) 수원지방법원안산지원 2014.03.27 2013가합5067
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 12, 2012, the Defendant entered into a contract for construction works, etc. (hereinafter “new construction”), instead of a general construction company (hereinafter “new construction”).

between the Corporation and the Corporation, alternative Construction is a new construction and extension of a defendant factory (hereinafter referred to as the “instant construction”).

(2) The construction contract for the instant construction contract (hereinafter referred to as “instant construction contract”) under which the contract for the construction work cost of KRW 5.83 billion (excluding value-added tax) is concluded.

2) The main contents of the instant construction contract are as follows.

- The instant construction contract -

1. Name of construction: (B) New construction and extension works for a factory in the winter-gu season;

2. The construction site: The construction site is No. 596-8 Mai-ri, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

3. Date of contract: March 12, 2012.

4. Date of completion: August 31, 2012;

5. Contract amount: 5,830,000,000 won (excluding VAT).

6. Scope of contract: - The construction sector - Civil engineering, architecture, electricity, fire fighting, machinery supervision - Electricity, fire fighting, communications

7. The payment ratio of the terms and conditions of the payment for the payment under the payment classification (the original payment method) 20% at the time of the contract for the non-high-end down payment 20% at the time of the contract for the original payment 1,166,00,000 / 10% in cash 1,166,000 in cash 10% at the time of the first-end pre-payment 20% at the time of the 20th of March 2005 1,16,000 after the entry into the second-stage pre-printed pre-printed pre-printed pre-sale 20% at 1,166,000,000 on the 20th of June 20, 2006, the aggregate of 1,166,000% after the completion of the remainder on 1,00,0000,000 August 30, 1008

8. Defect repair rate: 2% of the contract amount.

9. Warranty liability period: 10. Penalty rate for delay: 3/100 per day (in bulk) 3/100 per day, and 14. (in the case of the implementing company related to the new construction and extension of the moving-in factory and the moving-in factory, the joint and several sureties shall be performed.

(T) On April 2, 2012, the Defendant paid a total of KRW 2.5 billion, including KRW 1.28 billion for the first time payment on July 2, 2012, and KRW 1.282.65 billion for the first time payment on July 2, 2012. (B) The Plaintiff New Asian Industry Development Co., Ltd. (hereinafter “Plaintiff New Asian Industry Development”) (hereinafter “Plaintiff New Asian Industry Development”).

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