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(영문) 서울고등법원 2016.08.09 2015나24906
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

A. The remainder shall be paid upon completion, and if the Defendant delays the completion of construction, a contract was concluded to pay the Plaintiff the liquidated damages for delay at a rate of 0.1%, which shall be determined by the penalty rate for delay.

Paragraph 3: The intermediate payment pursuant to Paragraph 6 of 510,000 won (excluding fire-fighting and electrical construction) shall be paid at a fair of 70%, and the process shall be paid at a fair of 70%, and the project owner shall pay 80% of the progress payment according to the fair of 70% when the process is achieved by agreement with the project owner and the person in charge of the work.

The part 7 of the part 7 shall be disbursed once from 70% process, and no progress payment shall be made until completion.

Paragraph 8. Date of completion: December 22, 2012 (the date of completion of the construction works shall be December 10), paragraph 10% fair 70% shall set the date for the defendant.

On November 5, 2012, Paragraph 11(8) and (10) of Paragraph 10 of this Article (the time completion of the 1st floor slives work) is not fulfilled, the defendant shall immediately withdraw at the site with the waiver of the construction work and at the same time give up the balance of the construction work.

* On paragraph 11, each other shall consult about the period of construction at the time of the D on-site construction in the interest of the Si.

B. On October 23, 2012, the Plaintiff entered into a contract with the Defendant to modify the terms and conditions of the said contract as follows (hereinafter “instant modified contract”). On July 30, 2012, the Plaintiff entered into the instant contract with the Defendant (hereinafter “instant contract”).

C. According to the instant contract, the Plaintiff paid KRW 165,00,000 in total to the Defendant on August 30, 2012, including the payment of KRW 100,000 for down payment, KRW 50,000 for intermediate payment on October 30, 2012, and KRW 15,000 for value-added tax on the said amount on November 19, 2012, respectively.

On November 6, 2012, the Defendant completed the instant construction of the first floor slaber, and around that time, if the Plaintiff satisfied the terms and conditions for the payment of intermediate payments under Article 10 of the instant contract, the Defendant filed a claim for construction price equivalent to 80% of the progress payment.

However, the Plaintiff.

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