(영문) 인천지방법원 2020.02.18 2018가합63333

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Reasons

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(영문) 인천지방법원 2020.02.18 2018가합63333

공사대금

Text

1. The Plaintiff, the Defendant Company B, and the Defendant Company C, jointly with the Defendant Company B.

Reasons

. Facts of recognition.

A. Conclusion of a contract for construction works between the Plaintiff and the Defendant Company (the instant contract)

4. Construction period: March 15, 2018 on the date of completion of construction on November 15, 2017;

5. Contract amount: 341,00,000 won (including surtax)* contract amount: 310,000,000 won* Additional tax; 31,000,000 won.

6. Payment of the price;

(b)The owner shall pay to the Defendant B the amount equivalent to 20% of the contract amount (including 68,200,000, additional tax) with the contract deposit at the same time as this contract is made, within seven days from the date of the claim for the payment by the Defendant B. The Defendant B shall deposit the advance payment guarantee insurance policy with the owner as security. The guarantee period of the advance payment guarantee insurance policy is until the date of completion. 2) The owner of the intermediate payment (including the amount equivalent to 70% of the contract amount, 238,70,000, and additional tax) is paid within seven days from the date of the claim for the payment by the Defendant B as follows.

1. The object of this contract seems to be a simple clerical error in the amount equivalent to 30% of the contract amount (including 102,300,000,000, and surtax) when completion of the second floor ductal error in the amount equivalent to 35% of the contract amount (including 119,350,000, value added tax).

The following cases are also subject to subparagraph 2 of the same paragraph:

Section B. The payment shall be made within seven days from the date on which the payment is made by the defendant B.

2.The subject matter of this contract shall be payable 30% of the contract amount (including 102,300,000,000 additional taxes) at the time of completion of aggregate by floor, within seven days from the date of the claim for payment by Defendant B.

3) The owner shall pay to Defendant B the remainder of 10% (including 34,100,000, value added tax) in accordance with the notification of the owner’s completion after the completion of the contract. 7. Defendant B shall subscribe to an insured amount equivalent to 10% of the contract amount for the performance guarantee of this contract and deposit documentary evidence to the owner.

When the defendant B fails to perform all or part of the contents of the contract, the contract bond shall be reverted to the owner.

유사 판례

-인천지방법원 2020.02.18 2018가합63333

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-서울중앙지방법원 2014.07.23 2013가합42217

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