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(영문) 수원고등법원 2020.11.12 2019나20876
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Lessee corresponding to the following additional payment order.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for cases where the reasoning of the judgment is written or added as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

The second and third marks of the judgment of the first instance shall be filled by the following parts:

“”

3. Date of commencement: November 14, 2016.

4. Date scheduled for completion: September 13, 2017.

7. Advance payment: 10% of the contract amount.

8. Late portion: 80% of the contract amount (payment in each month), 10% of the contract amount (payment within 90 days after the completion of the construction work): 1/1,000 [General Conditions for Standard Contract for Construction Works] 1/1,00 [General Conditions for Standard Contract for Construction Works] ① The date of commencement and completion of construction works shall be the date specified in the contract.

(3) The completion date means the date when Eul completed construction works and Gap (the defendant) has requested a completion inspection in writing.

However, it shall be limited to the cases of passing a completion inspection under Article 27.

Article 11 (Advance Payment) (1) A shall pay advance payment to B, as stipulated in the contract, and where A requests submission of a letter of guarantee at the time of advance payment, B shall submit a certificate of guarantee issued by a guarantee agency under the subparagraphs of Article 4 (2).

(2) The advance payment under paragraph (1) shall be made within 14 days after receipt of the request from Eul.

Provided, That this shall not apply where payment is impossible due to inevitable reasons, such as financial standing, and the reasons and timing of payment are notified in writing.

(3) B shall not use the advance for any purpose other than the purpose of the contract, and shall use it in preference to the payment of wages and the securing of materials.

(4) A advance payment shall be settled at each time the price for a completed portion is paid according to the following methods:

(1) The amount of advance payment = The amount of advance payment = (the price of completed portion / the contract amount) Article 30 (Compensation for Delay) (1) shall be each number of days of delay when construction is not completed within the deadline for completion.

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