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(영문) 창원지방법원 2018.08.16 2016가합52890
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,407,896 to the Plaintiff (Counterclaim Defendant) and its related amount from March 22, 2016 to August 16, 2018.

Reasons

1. Basic facts

A. On August 19, 2015, the Plaintiff, who runs a construction business under the trade name C, was awarded a contract with the Defendant for the construction of the instant construction of neighborhood living facilities and housing units (hereinafter “instant building”) located in D-based neighborhood living facilities and housing units (hereinafter “instant construction”) at Kimhae-si (hereinafter “instant construction”) at KRW 400,000 (excluding value-added tax).

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

Defendant A: The method of paying the construction cost under Article 2 of the Plaintiff B shall be as follows, and “A” shall be thoroughly implemented on the basis of mutual trust in order to ensure smooth progress of the construction work and compliance with the time limit for the construction work.

1. Contract deposit: 120,000,000 won - at the time of concluding a contract; and

2. (First Part: 80,000,000 won - When the construction of the first floor aggregate is completed;

3. (Secondary) Part payments: 80,000,000 won - at the time of completion of the structural frame works for the second floor;

4. (Third Part: 70,000,000 won - When the work completion is completed;

5. Balance: 50,00,000 - All the powers on the construction facilities of Article 3 within 15 days from the completion date shall be “B” until the completion date of the construction, and shall be transferred to “A” after the payment of the balance.

Article 4 The construction period shall be from August 24, 2015 to January 31, 2016.

Provided, That in any of the following cases, the construction period may be changed under the mutual agreement between A and B:

1. When a natural disaster or any other similar cause occurs;

2. Where the excess amount is incurred due to the amendment of the plan of “A” or the amendment or re-construction due to the modification of the relevant laws and regulations or the modification or re-construction due to the modification of the design of “A” while the construction is being carried out, the “A” refers to the additional payment for “B”.

When a design and a construction different from that has been executed without prior consultation, A may request the “B” to correct it.

When Article 8 (B) delays construction work without justifiable grounds, the penalty for delay equivalent to 2/1,000 of the construction work amount shall be paid to A for each day.

Section 9. This Agreement.

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