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(영문) 창원지방법원통영지원 2017.10.26 2016가합11123
공사대금
Text

1. Of the instant lawsuits, the part concerning the claim for damages for delay from December 17, 2016 shall be dismissed.

Reasons

A. The Defendant and sewage companies concluded an agreement that the Defendant shall pay the progress payment pursuant to the process of the instant construction directly to the Plaintiff and the subcontractor (hereinafter “instant direct payment agreement”) (hereinafter “instant direct payment agreement”).

Under the instant direct payment agreement, the Defendant received the corporate passbook and seal in the name of the Plaintiff, and managed it, and paid the construction cost according to the progress of the instant construction work directly to the Plaintiff and the subcontractor.

C. On August 22, 2014, the Plaintiff and the Defendant entered into a contract under which the instant contract for construction works was modified (hereinafter “the first modified contract”) and the standard contract for private construction works (the first modified contract).

1. Name of construction: D shooting or new construction works;

2. Place for construction: At the same time, C and seven parcels;

3. Date of commencement: August 28, 2013.

4. The scheduled completion date: December 20, 2014.

5. Contract amount: daily gold, KRW 4,300,000 ( KRW 4,300,000) - Value-added tax 1.0: 0.1% of the penalty for delay: - Matters of special agreement - Additional items shall be settled as the standard amount of payment specifications - Reasons for the alteration - Extension of air due to natural disasters and design changes (the alteration from August 31, 2014 to December 20, 2014).

and the main contents of the contract are as follows. The standard form of private construction contract (the second revision) shall be

1. Name of construction: D shooting or new construction works;

2. Place for construction: At the same time, C and seven parcels;

3. Date of commencement: August 28, 2013.

4. The scheduled completion date: January 20, 2015.

5. Contract amount: Not less than KRW 500,000 ( KRW 5,00,000) - Value-added tax 1.0: 0.1% of the penalty for delay: - Matters of special agreement * Additional items in the amount determined as the standard for the specifications of payment * Reasons for modification * Extension of the air due to a natural disaster and a change in the design (an alteration from August 31, 2014 to January 20, 2015) - Increase of the contract amount due to a second design change (a change in the supply price from KRW 00,000 to KRW 00,000);

D. On December 14, 2014, the Plaintiff and the Defendant concluded a contract to amend the first amendment contract (hereinafter “the second amendment contract”) and the main contents thereof are as follows.

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