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(영문) 부산지방법원 2019.01.23 2018가합42791
지체상금 등
Text

1. The defendant shall be the plaintiff.

(a) Issuance of a warranty bond for defects in the attached list No. 2;

(b) 363,00,000;

Reasons

1. Basic facts

A. The purpose of the Plaintiff is to purchase and sell real estate, sell in lots, and lease, and C (hereinafter “C”) is to newly construct and sell housing, sell real estate, etc., and the Defendant is each corporation with the aim of building business, housing construction business, etc.

Standard contract for private construction works

1. Construction name: New construction of officetels;

2. The place of construction: Five parcels outside Busan Northern-gu, and five parcels; and

3. Date of commencement: 3,300,000,000 won for the contract on August 5, 2016: 3,000,000,000 won for the contract date: 3,000,000,000 won for the supply price, and value-added tax: 300,000,000 won for the value-added tax; and

7. Advance payments: 100,000,000 won and within fifteen days after the contract is concluded.

8. A completed amount: A payment made according to the completed amount per two months.

9. Balance balance: 10. Items and quantities of the materials to be paid; 11. Warranty liability (in the case of a multi-functional complex, the classification of each type of work) , the ratio of the contract amount to be repaired by each type of work, and the warranty liability ratio (3) 2. 12. : 1/100 (day): 1/100) 13. Other matters: 12% (annual) : 14. With respect to the change in the design documents, the contents of the contract may be changed under mutual agreement.

B. On August 23, 2015, the Plaintiff was awarded a contract with the Defendant for the construction of the instant construction of the Etel on the land (hereinafter referred to as “instant construction”) on the north-gu Busan Metropolitan City and five parcels of land (including value-added tax 300,000,000 (including value-added tax 300,000; hereinafter the same shall apply) for the construction period from August 20, 2015 to August 18, 2016, and the main contents thereof are as follows:

C. Specific conditions such as the terms and conditions for the payment of the construction price, extension of the construction period, and liquidated damages are as follows.

(A) At the end, the term “A” and “B” mean the Plaintiff, respectively; hereinafter the same shall apply). Article 4 of the General Conditions of the Standard Contract for Private Construction Works (1) “B” shall be prior to the conclusion of the contract bond as stipulated in the contract in order to guarantee the fulfillment of contractual obligations.

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