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(영문) 서울남부지방법원 2020.09.25 2019가합112374
공사대금
Text

1. The Defendant’s KRW 185,460,00 for the Plaintiff and 6% per annum from September 27, 2019 to September 25, 2020.

Reasons

1. Basic facts

A. On September 23, 2016, the Plaintiff entered into a construction contract with the Defendant under the following terms and conditions (hereinafter “instant contract”).

(Entrusteder means the Defendant, and the “Entrusteder” means the Plaintiff). Construction name: Total of six units from 1st to 6th 6th 1st 6th son of the C Building.

(hereinafter “instant elevator construction site”: The Dwork period in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant elevator”): the period of commencement on October 31, 2016, and the period of completion on October 30, 2017: the payment rate of KRW 843,00,000 (excluding value-added tax) paid (168,600,000) by other advance payment (excluding value-added tax) and the first intermediate payment of KRW 108,300,000; the second intermediate payment of KRW 208,60,000; or the second intermediate payment of KRW 20168,60,000; or the second intermediate payment of KRW 208,60,000; or the third intermediate payment of KRW 208,60,00,00; the second intermediate payment of KRW 3025,90,000; and the second intermediate payment of KRW 25,005, etc. of the construction completion report;

Article 11 (Liability for Damages Before Completion of Works) The damages generally incurred in the course of the contract's subject matter, inspection material, and other construction works shall be borne by the "trustee" before completion of the work.

Article 18 (Compensation for Delay) In the event that construction is not completed within the term of the contract, the "trustee" shall pay the penalty equivalent to 3/1,000 of the contract amount for each day of delay after deducting the penalty for delay from the time of the payment of the contract amount, and the penalty for delay shall not exceed 10/10 of the total contract amount, including the penalty for delay.

Provided, That the number of delayed construction days shall not exceed 35 days.

B. On October 5, 2016, the Plaintiff submitted performance bond and advance payment bond to the Defendant.

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