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(영문) 수원지방법원안산지원 2020.08.13 2017가합6143
공사대금
Text

1. The following part of the principal lawsuit of the Plaintiff (Counterclaim Defendant) shall be dismissed:

156,767,955 Won and 13,096 among them.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at the fire-fighting facility business, etc., and C (hereinafter “Defendant”) was merged with the Defendant on March 31, 2017 is a company engaged in specialized construction business, etc.

B. On December 21, 2015, the Plaintiff received a subcontract from the Defendant for the installation of fire-fighting pipes from the Edong, Fdong, Gdong, Hdong (hereinafter “instant Section 1”), Idong, and Jdong (hereinafter “instant Section 2”), for the construction cost of KRW 3,135,00,000 (including value-added tax) and for the construction period of the instant construction contract from December 21, 2015 to May 31, 2017 (hereinafter “instant construction contract”). The main contents of the instant construction contract are as follows.

Article 2 of the Terms and Conditions of Contract for Construction Project (Contract Guarantee)

1. Eul (the plaintiff, hereinafter the same shall apply) shall deposit an amount equivalent to 10/100 of the contract amount to Gap (the defendant, hereinafter the same shall apply) as the performance bond under the contract of the present construction with the guarantee insurance recognized by Gap in cash or within five days after concluding the contract;

2. Where this contract is terminated or terminated due to reasons attributable to B, the contract deposit shall revert to A; and

In such cases, if the amount of damage of Party A exceeds the contract performance guarantee, Party B is liable to compensate for the excess amount.

Article 3 (Supervision of Construction Works and Production Process)

1. B shall, in principle, undergo the following processes after passing the inspection by Party A at each stage during the process of construction, and shall report the progress of construction to Party A in writing:

2.A may supervise this construction at all times, and if it is deemed necessary, A may conduct an interim inspection of the manufacturing process at any time.

Article 7 (Payments Payment)

1. The payment of contract amount shall be made once a month in proportion to the skills and the ratio, if a person passes an examination of the part of the claim of the Party B, and the detailed procedures and methods shall conform to the criteria for the payment of price by the Party A;

2. The payment shall be made.

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