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(영문) 서울중앙지방법원 2017.08.11 2015가합527453
공사대금
Text

1. As to KRW 1,32,537,838 among the Plaintiff and KRW 1,325,173,020 among the Plaintiff, the Defendant shall start from February 14, 2015 to August 11, 2017.

Reasons

1. Basic facts

A. On September 17, 2012, the Plaintiff entered into a contract with the Defendant under which the construction cost of KRW 8 billion is KRW 30 million (including additional dues) and the completion date of the completion plan for the construction of the building at the ground hospital B in Seodaemun-gu Seoul (hereinafter “instant building”) (hereinafter “instant construction”) for the construction of the building at the ground hospital B in Seodaemun-gu Seoul (hereinafter “instant building”) and the Plaintiff entered into a contract with the Defendant on June 5, 2014 (hereinafter “instant contract”).

The main contract of this case contains the following contents:

(hereinafter referred to as “A” refers to the Plaintiff, “B”, and “A”. Article 6 [Attachment] ① In order to ensure the proper implementation of the contract, “A” may directly supervise the contract or appoint a person who performs the following activities on his/her behalf (hereinafter referred to as “construction supervisor”):

1. To supervise and attend the general public in the execution of works;

2. Instructions, approval or consultation with regard to "B" in performing a contract;

3. To be present at the inspection or examination of the materials and execution of the construction works;

4. To be present at the inspection of completed portion of a project, inspection of completion, or delivery of objects of a project;

5.The date of commencement and completion of construction works shall be the date specified in the contract.

(2) Where it is impossible to start on the date of commencement of construction without any cause attributable to B, the date of commencement of construction work of “B” shall be the date of commencement, and in such cases, “B” may request an extension of the construction

(3) The date of completion shall mean the date on which "B" completes construction works and "A" requests a completion inspection in writing and approval is obtained.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 25 [Payment of Price] (1) "B" shall be arranged at the construction site, such as immediately removing or removing surplus materials, wastes, temporary facilities, etc. after passing a completion inspection of "A", and the payment of the construction cost shall be claimed to "A".

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