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(영문) 광주지방법원 2016.11.09 2016나53066
공사대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On March 4, 2015, the Plaintiff received a contract with the Defendant for the construction cost of KRW 46 million (including value-added tax; hereinafter the same shall apply) for the construction period, from March 6, 2015 to March 20, 2015, for the construction cost of “B store interior works” (hereinafter the “instant store”); and for the construction period, from March 6, 2015 to March 20, 2015, for the delayed payment rate of KRW 0.5%; and for the contract bond of KRW 4.6 million. The parts relating to the instant contract of the instant construction are as follows.

Article 6 [Payment Method of Contract Price] Article 6 (Payment Method) (Payment Method of Contract Price) The advance payment method of KRW 50% 22.5 million on March 6, 2015, KRW 30% of the intermediate payment of KRW 13.5 million on March 6, 2015, KRW 100% of the remainder payment of KRW 13.5 million after completion of construction on March 17, 2015, KRW 46 million [Payment Method of Contract Amount] Article 7 [Inspection after completion of construction pursuant to Article 15 (Inspection and Acceptance after Completion of Construction Works)] (1), the Plaintiff may file a claim for the remainder payment of contract with the documents, such as a report and tax invoice, and the Defendant shall pay the Plaintiff in cash within 14 days from the date of receipt of the Plaintiff’s request.

Article 10 [Deposit for Contract Performance] (1) The plaintiff shall pay to the defendant an amount equivalent to at least 10/100 of the contract amount as the contract performance bond within seven days after the conclusion of this contract.

In such cases, a contract performance guarantee bond may be substituted by a performance (contract) guarantee insurance policy with the defendant as the insured.

④ Where the Plaintiff pays the contract deposit in cash, the contract deposit shall be returned without interest at the Plaintiff’s request after the contract was performed normally, and where the contract was paid with the guaranty insurance policy, the Defendant shall return or discard at the request of the Plaintiff after the contract was performed normally

Article 11 [Compensation for Delay] (1) In case where the plaintiff fails to complete the construction work within the term of contract as stipulated in the contract and the reason is found to be attributable to the plaintiff, the standard contract rate for delay shall be applied for each number of

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