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(영문) 서울고등법원 2015.11.24 2015나12125
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Period for construction of a written contract for basic fact-finding construction works (hereinafter referred to as “instant contract”): The scale of construction works on May 10, 2012, and on November 9, 2012 (six months after commencement of construction works): The contract amount of five floors: The rate of penalty for delay of KRW 800,000 (excluding value-added tax 7,20,000 on the upper portion): the construction amount x the number of months delayed x three percent (one day x 1/100), and the rate of penalty for delay shall not exceed two months);

A. On May 10, 2012, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant to conclude a contract for the construction work of Suwon-si B Urban Residential Housing Construction (hereinafter “instant construction”) (hereinafter “instant construction work”). The main contents are as follows.

B. At the time of the preparation of the instant contract between the Defendant and the Defendant, the Plaintiff prepared the payment method of the construction cost as follows (hereinafter “payment method of the instant construction cost”) and the special terms and conditions attached thereto.

Part 90,000,000,000,000 separate intermediate payment of KRW 10,000,000,000,000,000 for the first base of the intermediate payment, and the value-added tax of KRW 50,00,00,00 for the second floor concrete 450,00,00 for the value-added tax of KRW 50,00 for the second floor concrete 450,00,00 for the second floor of KRW 10,00,00 for the value-added tax of KRW 10,00,000,000 for the second floor of KRW 10,00,00 for the value-added tax of KRW 0,00 for the 0,000,000 for the 0,000,000 for the 0,0000,000 for the 4,50,000,000 for the other 4,005,05,00.

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