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(영문) 수원지방법원여주지원 2016.06.01 2015가합10706
공사대금
Text

1. The defendant shall be the plaintiff.

(a) 24,884,444 won and its weight; 1) 6,221,11 won from January 27, 2015; 2) 6,221.

Reasons

1. Basic facts

A. On June 18, 2014, the Plaintiff entered into a contract with the Defendant for the replacement of an elevator (hereinafter “instant contract”) with the following content, and the said 19 elevator replaced by the Plaintiff according to the instant contract (hereinafter “instant elevator”).

Elevator Replacement Work Contract

2. Name of contract indicating the details of contract: Contract amount of an elevator replacement work (19 units): 59,900,000 won (including value-added tax): Period of warranty for defects: Article 2 (Period of Construction and Commencement) for five years from the date of completion of the construction: from June 18, 2014 to November 28, 2014 from the date of completion;

(Scheduled Date of Commencement: Article 3 (Scope of Construction Works) (1) (1) Replacement of an elevator for passengers: 19 passengers. (2) The scope of construction works shall be based on tender specifications, construction drawings, etc.

Article 5 (Methods of Payment of Contract Price): 10% of the contract price (payment after the submission of contract documents and related documents) (2) The intermediate payment: Cash (payment after the whole quantity of materials subject to replacement is stored at the site) of the contract price. (3) If the construction is not completed or completed within the construction contract period due to the negligence or negligence of 40% of the contract price (payment after the final approval of the supervision report) and Article 7 (Compensation for Delay for Performance of Construction Works) (1) of the Act on Compensation for Delay, if the construction is not completed or completed within the construction contract period due to the negligence or negligence of "B", the "A" may not raise an objection even after deducting the penalty for delay equivalent to 1/1,00 of the contract price per

B. The Plaintiff completed an elevator replacement construction under the instant contract, and delivered the instant elevator to the Defendant from November 3, 2014 to November 25, 2014, and received the decision of passing an occasional inspection on November 27, 2014.

C. Meanwhile, on January 26, 2015, the Plaintiff received the final approval of the supervision report on the replacement work of the instant elevator.

The defendant pays only the down payment and intermediate payment as stipulated in the contract of this case to the plaintiff, and the balance 23,960.

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