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(영문) 수원지방법원 2017.04.21 2016가합2409
공사대금등
Text

1. Defendants A and C shall jointly and severally serve as KRW 96,492,00 for the Plaintiff, and as from February 11, 2014, Defendant A shall be jointly and severally serving as the Plaintiff, and as from July 22, 2016, Defendant A shall be jointly and severally serving as the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was awarded a contract for the E-new construction work that is newly built on the land and two parcels, which is located on the land of Seopo City D, Seopo City, Seopo City, and the Defendant A is the operator of the construction business under the mutual test of “F,” the Defendant B is the husband of the Defendant A, and the Defendant C is the operator of the construction business under the mutual test of “G”.

B. On March 5, 2013, the Plaintiff entered into a subcontract with Defendant A, Defendant C, and the aforementioned E-Newly constructed construction works with respect to the completed works, such as light capacity, wood pipe, interior decoration, painting, etc. (hereinafter “instant construction works”), on the following terms:

(hereinafter referred to as “instant subcontract”) the standard subcontract agreement for construction works.

1. Project owner: The name of the prime contract for the settlement of accounts in Korea: New Construction Corporation; and

2. The name of subcontracted project: Work to be completed, such as light load, wooden pipe, interior wall, painting, etc.;

4. Period: Date of commencement; May 7, 2013 (Date of Completion).

5. Contract amount: Value-added tax of KRW 860,000,000: KRW 866,000,000; and

6. Payment of the price;

(a) Advance payment (1) 94,600,000 won within seven days after the conclusion of the contract;

(b) Method of payment as completed (1) once a month: 100% in cash;

7. Items and quantities of payment materials: None;

9. Warranty bond rate: 3% 10% : 0.01% : 01% subcontract for construction work (the main text of the construction contract shall be referred to as “A” and the defendant A and C shall be referred to as “B”) under Article 24 (Performance Delay) (1) In the event that Eul fails to complete the construction work by the deadline for completion as stipulated in the contract, the amount calculated by multiplying the contract amount by the rate of liquidated damages as stipulated in the contract and the number of delayed days shall be paid in cash to Gap;

(2) Where construction works are deemed delayed due to any of the following causes, the number of days equivalent to the relevant number of days shall not be included in the number of delayed days:

3. The commencement of construction has been delayed or it is impossible to proceed with construction work due to a cause attributable to Party A;

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