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(영문) 광주지방법원 2017.04.27 2015가합2906
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 205,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from July 1, 2015 to September 30, 2015.

Reasons

(b) the facts of the basis;

A. On December 27, 2012, the Plaintiff entered into a contract for construction works (hereinafter “instant contract”) with the Defendant for the supply of and demand for civil engineering works (hereinafter “instant construction works”) among “the construction works for the construction of a new hotel in the New Airport in the New Year’s River (Family).” The main contents of the contract are as follows.

In addition to the modification of some standard contract form, the original text of the contract was written.

3. Date of commencement: December 27, 2012.

4. Date scheduled for completion: February 28, 2014.

5. Contract amount: Ten billion won per day (excluding value-added tax).

6. Contract bond: daily payment****** Won

7. Prepaid gold: Written gold****** Won

8. Divided amount: Article 3 [Contract Documents] of the General Conditions of the Contract at once per month (Contract Documents] (1) Contract Documents shall be composed of contract documents for private construction works, general terms and conditions of contract for private construction works, special terms and conditions of contract for construction works, design documents and calculation sheets and shall have the effect of mutual supplementation.

Article 32 [Cancellation, etc. of Contract "B"] (1) "B (referring to the plaintiff; hereinafter the same shall apply)" may cancel or terminate all or part of the contract in any of the following cases:

3. “A” and “B” shall, without delay, settle the amount of construction work completed, in cases where it is deemed clearly impossible to appropriately perform the construction work due to the failure of the contents of the contract without justifiable grounds to perform the terms and conditions of the contract.

(2) If any loss has been incurred due to the rescission or termination of a contract under Articles 31 and 32, the other party may claim compensation therefor from the latter.

Article 32 [Simultaneous Performance Defenses of B] (1) If “A” delays the payment of advance payment and completed portion under the terms and conditions of the contract, “B” shall be paid within a reasonable time limit fixed.

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