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(영문) 수원지방법원 안양지원 2018.10.19 2015가합103031
공사대금
Text

1. The Defendant’s KRW 160,066,560 among the Plaintiff and KRW 155,649,260 among them, shall be KRW 4,417,300 from September 4, 2012.

Reasons

1. Basic facts

A. On September 26, 2011, the Defendant entered into a contract for the construction of neighborhood living facilities and urban residential housing (hereinafter “instant construction”) on the land in Mapo-gu Seoul Metropolitan Government D (hereinafter “instant construction”) with the contractor under the name of a stock company with the representative director C (hereinafter “C”). The construction cost was KRW 1 billion ( separate from value-added tax) and the construction period was determined from October 1, 201 to December 31, 201.

B. On March 1, 2012, in relation to the instant construction project, the following terms and conditions (hereinafter “instant contract”) were drafted: (a) the name of the contractor was the Defendant, E, F, and the contractor, and the Plaintiff’s name was the Plaintiff as the representative director G Co., Ltd. (hereinafter “G”).

3. Date of commencement of construction works: March 10, 2012

4. Date scheduled for completion: September 1, 2012.

5. Contract amount: 1.4 billion won (excluding value-added tax);

6. Advance Payment: Article 25 (Payment of Price) (1) of the General Conditions of the Contract for Private Construction Works of KRW 1 billion (Payments) (referring to the contractor) may, after passing a completion inspection conducted by A (referring to the contractor), adjust the construction site, such as removal or removal of surplus materials, wastes, temporary facilities, etc. and claim the payment of the construction cost to A.

(2) A shall pay B the price for construction at the same time as the delivery of the object of a contract, unless otherwise stipulated.

Article 39 (Matters under Special Agreement) Other matters not provided for in this Agreement may be determined by a separate special agreement between A and B.

(1) Map of design, supervision, and design approval fees. (2) Map of measurement (cadastral, boundary outside of land register). (3) Map of earth construction and civil engineering construction costs. (4) Map of removal (including six floors) and removal approval fees. (5) Various personal admission fees (electric, gas, water supply, etc.).

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