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(영문) 부산지방법원동부지원 2020.09.03 2017가합101453
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 580,677,541 to the Defendant (Counterclaim Plaintiff) and its related amount from January 9, 2020 to September 3, 2020.

Reasons

1. Basic facts

A. On February 5, 2015, the Plaintiff entered into a contract for construction works with the Defendant and Busan Shipping Daegu C (hereinafter “instant construction works”) that newly build a used car sales site building (hereinafter “instant building”) on the land (hereinafter “instant construction works”) on the following grounds: (a) the construction cost is KRW 12,800,000,000 (including value-added tax); (b) the due date for construction payment is the 15th day of each month for each process; and (c) the construction period is the period from November 25, 2014 to April 25, 2016; and (d) the part related to the instant case in general conditions of the standard contract for private construction works included in the contract for the said construction works (referring to the general conditions of the contract for private construction works); (c) the date of completion “B (referring to the Plaintiff; hereinafter the same shall apply)” means the date on which the completion inspection is requested in writing to A (the Defendant; hereinafter the same shall apply).

Provided, That this shall be limited to the cases of passing a completion inspection under Article 27.

Article 27 (Completion Inspections) (1) “A” shall be notified to “A” when the work is completed, and “A” shall, without delay after being notified, conduct an inspection in the presence of “B”, and if “A” fails to notify the result of the inspection within 10 days after being notified of “B”, it shall be deemed that the inspection was passed on the date ten days have elapsed.

(hereinafter omitted) Article 28 (Payment of Price) (1) “B” may adjust the construction site, such as removal and release of surplus materials, wastes, temporary materials, etc. immediately after passing the completion inspection of “A” and claim the payment of the construction cost to “A”.

The following shall be:

B. Afterwards, on December 24, 2015, the Plaintiff entered into a contract with the Defendant for the change of the construction contract with the content that the construction cost of the said contract is KRW 15,147,950,000 (including value-added tax), and entered into a contract for the change of the construction contract on July 25, 2016, and again, on July 25, 2016, the termination date of the construction period of the said contract with the Defendant for the change of the construction contract is until August 31, 2016.

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