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(영문) 서울중앙지방법원 2017.04.04 2016가단11552
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 35,316,439 and a rate of KRW 73% per annum from March 12, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. On May 6, 2015, the Plaintiff is called as the apartment of this case, 'C apartment (hereinafter referred to as "the apartment of this case") located in Yongsan-gu, Yongsan-gu, Yongsan-gu.

The construction contract of this case is "the construction contract of this case" that replaces the boundary stone, news block, etc. of the defendant who is the council of occupants' representatives and the apartment of this case.

The main contents are as follows. Article 2 (Construction Period)

(a) Commencement: June 2015 (the commencement date of construction shall be determined after the high-sea support project is determined through mutual consultation);

(b) Completion: Article 3 (Contract Amount): Article 255,200,000 won (including value-added tax; hereinafter the same shall apply) within 75 days from the date of commencement.

(a)Deposit (20%) : 51,040,000 won (within 10 days after the launch);

hereinafter the same shall apply.

[Submission of an undertaking document at the time of paying the down payment]

(b) The first intermediate payment (20%) : 51,040,000 won (the time of completion of construction works by at least 50%);

(c) Second intermediate payment (30%) : 76,560,000 won (the time of completion of construction works by at least 80%);

(d) Balance (30%) : Article 8 [Suspension or Alteration of the Corporation] (1) 76,560,000 won (within 10 days after passing an inspection for completion of the project) (1) A (the defendant is the defendant; hereinafter the same shall apply) may suspend or change the whole or part of the Corporation, depending on circumstances.

In such cases, A may reduce the construction period if necessary.

(2) In the case of the preceding paragraph, A may increase or decrease construction expenses according to the unit price specified in the detailed statement of construction expenses.

Article 9 [Compensation for Delayed Damages] Article 210/1,00 of the contract amount per day / [Inspection on completion] When the construction work is completed, Eul shall submit the completion report without delay and undergo the inspection by Gap.

The same shall also apply where A demands delivery of a part of the completion.

Article 12 [Payment of Contract Price] A shall submit a written confirmation of completion after the completion of construction work, and pay the balance after approval within 10 days (or the approval date by Gap), and the overdue amount equivalent to 2/100 of the overdue prize shall be paid at the time of arrears.

Article 19 [Modification of Contracts] The construction work (design Modification, Additional Construction, etc.) increased or decreased within the contract quantity shall be later completed.

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