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(영문) 대구지방법원김천지원 2014.12.05 2014가합355
공사대금반환 등
Text

1. As to KRW 154,455,475 among the Plaintiff and KRW 117,285,475 among the Plaintiff, the Defendant shall from December 21, 2013 to September 11, 2014.

Reasons

1. The following facts may be admitted, either in dispute between the parties, or in full view of the entries and the whole purport of arguments in Gap evidence 1 to 14:

On June 18, 2013, the Plaintiff entered into a contract for the extension of the original logistics center by November 20, 2013, which is 2.2 billion won (excluding value-added tax) and the construction period, as the purpose of the design and construction business of building equipment.

B. On July 12, 2013, the Plaintiff entered into a subcontract with the Defendant and the prime logistics center with respect to soil and reinforced concrete construction as follows:

(hereinafter “instant contract”). General terms and conditions of the contract

1. Construction amount: 350 million won (excluding value-added tax);

2. Details and place of works;

(a) Details of construction: Earth and reinforced concrete construction work;

(b) Construction place: within the logistics warehouse of a Sil-ri, Dol-ri, Hoju-si, Goju-si;

3. Construction period: No contract deposit shall be concluded on November 10, 2013 after completion on July 12, 2013: Terms and conditions of a special agreement entered into once a month.

1. The issue arising from the delay in air due to the cause attributable to the defendant within the construction period under the general terms of the contract shall be entirely responsible by the defendant (3/100 of the contract price for delay), and the efforts shall be made to the maximum extent possible so as not to impede work through consultation with the field agent when prior understanding on the construction is required, and when it is inevitable to extend the construction period, the defendant shall apply for an extension

2. The cost of disposal of construction wastes generated during construction works shall be borne by the Defendant, and the cost incurred by the Plaintiff in the event of nonperformance shall be charged to the Defendant.

C. The Defendant suspended construction work on November 15, 2013 and completed it at the construction site without leaving remaining construction works equivalent to KRW 95,212,232 (including value-added tax).

From August 30, 2013 to October 30, 2013, the Plaintiff totaled the construction price to the Defendant as the construction price.

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