(영문) 수원지방법원여주지원 2015.08.20 2014가합2371

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(영문) 수원지방법원여주지원 2015.08.20 2014가합2371

공사대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 19, 201, the Defendant entered into a contract with C Co., Ltd. (hereinafter “C”) under which the construction of the instant apartment (hereinafter “instant apartment”) was newly constructed with Echeon-si, Seoul (hereinafter “instant apartment”) and the Defendant entered into an agreement with C on February 20, 2012 regarding the timing and method of payment of the construction cost under the said contract (hereinafter “instant contract”). The main contents of the instant contract are as follows.

A construction period: The contract amount from September 20, 201 to September 20, 2012: The payment of the price of KRW 4,689,30,000 (including value-added tax): The full amount of the construction amount shall be paid in substitution.

The rate of liquidated damages for delay: 1/1000 special agreement

(a) Of the contract amount of KRW 4,689,300,000, the remainder of KRW 4,229,300,000 after deducting KRW 460,000 from the primary construction cost shall be the total contract amount;

(b) Time and method of payment of the construction cost: ① At the same time with the approval of completion, the daily amount of 33 square meters per household shall be KRW 254,100,000, and the total amount of construction shall be paid as a substitute by 100%;

Provided, That the substitute part shall be paid in the order of two to ten floors.

(2) The section of a substitute shall be the interval between approval for completion of construction and approval for transfer of right to parcelling-out.

3. C shall submit to the defendant a defective performance bond by the date of completion of the contract.

C. The defendant bears the design and supervision costs, and C bears all the contributions to the cost of admission.

At the site of the acceptance of non-user materials at the site, approximately 7 tons and joints of steel and wood, which are non-user materials, shall be paid and accepted to the defendant at the same time as the contract is concluded by C.

B. (1) On October 26, 201, Plaintiff A was awarded a subcontract for the construction work of the instant construction work in the cost of KRW 550 million (excluding value-added tax) from C, and the additional construction cost of KRW 5,154,000,00 for the construction work of the instant construction work.

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