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(영문) 창원지방법원 진주지원 2017.04.27 2015가합10663
공사대금
Text

1. The defendant shall be the plaintiff.

A. The plaintiff's 63 million won or the security deposit for repairing defects was due to the cause of 63 million won or the security deposit for repairing defects.

Reasons

1. Basic facts

A. On September 9, 2010, the Plaintiff entered into a construction contract with the Defendant for a new building of B-based religious facilities (hereinafter “instant building”) with the content that the construction cost is KRW 2.1 billion (hereinafter “the instant construction contract”). The details are as follows.

The date of commencement: the expected date of completion on October 1, 2010: the contract amount on June 30, 201: 2.1 billion won (including value-added tax): 200 million won shall be deposited at the time of the contract.

The progress payment: A claim for the progress payment shall be made three times and shall be made within 15 days.

- A primary claim: A secondary claim after completion of the establishment of a concrete building on the basement level: A third claim after the completion of structural frame: A claim shall be made for the balance of construction works after the completion of shipbuilding and payment shall be made within 15 days.

Warranty liability: Liability bond shall be issued by applying the warranty period by type of construction works under the Framework Act on the Construction Industry.

The deposit rate shall be KRW 63 million, which is the guaranteed amount to which 3% is applied.

B. On March 29, 2011, the Defendant applied for electric utility from the Korea Electric Power Corporation to the electric poles outside the instant building, and paid KRW 2,145,000 as a cost on April 4, 201.

C. On September 26, 2011, the Plaintiff delivered the instant building to the Defendant after completing construction under the instant construction contract, and the Plaintiff was on October 201 for the completion inspection of the said building to the Defendant around October 201.

The defendant did not make an application for electric power plant even though he requested the Korea Electric Power Corporation to make an application for electric power plant inside the above building at the telegraph station stated in the port, and the defendant did not make an application for electric power plant from the Korea Electric Power Corporation.

On November 201, after being notified that the application for the use of electricity as described in the paragraph will be revoked, the cancellation of the application for the use of electricity is required as time is required for the interior interior interior interior interior of the above building and for the tanking work, not later than the date of tintan in 2012.

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