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(영문) 창원지방법원진주지원 2014.09.24 2013가합4459
공사대금
Text

1. The Defendant’s KRW 110,297,00 for the Plaintiff and the following: 6% per annum from January 4, 2013 to May 15, 2014.

Reasons

Basic Facts

On July 4, 2012, the Plaintiff and the Defendant concluded a contract for the construction of a new factory A (hereinafter referred to as “instant construction”). The main contents are as follows:

Standard contract for private construction works

1. Construction name: New construction of a factory A in Scheon-si;

3. Date of commencement: Date scheduled for completion on July 20, 2012: December 30, 2012: 3,465,000,000 (including surtax).

8. Completion portion: The contractor who awards a contract may request an inspection of the completed portion of the contract under Article 22 (Presumed Part) (1) of the General Conditions of the Contract for the Standard Construction Works for the Plaintiff’s Private Sector. In such cases, the contractor shall conduct an inspection without delay and notify the contractor of the result thereof, and the contractor shall be deemed to have passed the inspection if no notification has been made within 14 days.

(3) A contractor shall pay a completed amount to the contractor within 14 days from the date of completion of the inspection.

On July 20, 2012, the Plaintiff commenced the instant construction, from July 20, 2012 to December 20, 2012, and performed construction works for temporary buildings, basic burner concrete construction, and safety railing construction. On December 20, 2012, the Plaintiff filed a claim for payment for the completion with the Defendant, along with the flag inspector at the time of the flag rate of 4.38% and the flag price of 151,790,000 won.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 3 and 4, the result of the on-site inspection by this court, the determination of the grounds for a claim as to the overall purport of the pleadings, and the conclusion of the instant construction contract between the plaintiff and the defendant on July 4, 2012, and the plaintiff performed construction of temporary buildings, basic burner concrete construction, and construction works and construction works for a safe strue between July 20, 2012 and December 20, 2012, as seen above. The plaintiff conducted construction works for temporary buildings, basic burner concrete construction, and construction works for a safe strue between the plaintiff and the defendant on July 20, 2012. The result of appraisal by the appraiser Eul and the result of appraisal by this court, the results of appraisal entrustment to the above appraiser, and the whole purport of the arguments as a whole.

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