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(영문) 수원지방법원평택지원 2020.11.26 2019가합8469
정산금 청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On August 30, 2016, the Plaintiff awarded a contract to the Defendant for the new construction of Pyeongtaek-si and one parcel of land (hereinafter “instant construction”) at KRW 1,225,00,000 (excluding value-added tax).

(hereinafter “instant construction contract”). Of the instant construction contract, the parts relating to the instant case are as follows.

The standard construction contract for private construction works: The date scheduled for the commencement of construction works for Pyeongtaek-si and one parcel other than Pyeongtaek-si: the date scheduled for the completion of construction works on September 5, 2016: the contract amount of KRW 1,225,000,000,000 as the contract amount of KRW 165,000,000 as the contract deposit of KRW 100,000 (within the date after the conclusion of the contract) on January 31, 2017: The portion of the contract amount of KRW 165,00,000 shall be submitted to the Defendant at the time of the completion of concrete of KRW 165,00,000 at the time of the completion of concrete of the second floor, 165,00,000,000 from the outside construction works of KRW 165,00,00,000 from the contract amount of KRW 165,00,00,010.

(2) The advance payment under paragraph (1) shall be made within 14 days after the defendant's request is received.

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

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

‘‘(class’’’’’’’’’’’’’’’’’’’’’’ for the portion of the advance payment is the subject of the contract. The subject of the contract is the subject of the contract, and the subject of the contract is the subject of the contract.

corporation after the completion inspection.

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