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(영문) 수원지방법원 2020.06.16 2020나61348
공사대금
Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Facts of recognition;

A. On August 31, 2018, the Plaintiff concluded a construction contract with the Defendant regarding the installation of freezing storage, etc. (hereinafter “instant construction contract”).

A contractor: Details of construction work under Article 1 of the Plaintiff (hereinafter referred to as “B”)

1. Construction name: The Corporation for the Facilities of Chungcheongnam-gun red-gun;

2. Details of the construction: 10 square meters in freezing storage, 10 square meters in freezing storage, 3 square meters in freezing and drying season;

4. Date of commencement: February 5, 2019: The date of completion: March 8, 2019;

1. Total construction amount shall be KRW 10,000,000 including value-added tax;

2. The extension of the construction period under Article 5, on March 8, 2019, of KRW 5,000,000,000,000,000,000,000,000 won, which was the first installment of the part payments (on August 31, 2018, the second part of the part payments (on February 11, 2019) (on March 4, 2019, when the construction is completed).

1. Where the performance of construction works is delayed due to any cause not attributable to B, such as a natural disaster or force majeure, etc., B may request the construction period to A;

Article 6 Completion

1. Upon completion of the work, Eul shall notify Gap, and Gap, upon receipt of the notification, shall conduct an inspection in the presence of Eul without delay;

2. If a person fails to pass an inspection under paragraph (1), he/she shall, without delay, repair or remodel such failure and undergo a re-inspection.

Article 7. Price Payment

1. B may adjust the construction site and claim the payment of construction cost to A, immediately after passing the completion inspection by the A, such as removal of surplus materials, waste materials, temporary materials, etc.;

2. A shall pay the construction cost simultaneously with the delivery of the object of the contract, unless otherwise stipulated;

3. Ownership of the facilities for the construction project shall not be owned until the payment of the balance of the construction project is made by A and shall not be used without the approval of B.

B. According to the instant construction contract, the Plaintiff is a storage in the Defendant’s factory, freezing storage, and drying machine (hereinafter “instant machinery”).

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