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(영문) 대전지방법원 2018.08.22 2016가합107466
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic facts are corporations that operate reinforced concrete construction business, etc., and the defendant is corporations that operate civil engineering business, etc.

On December 11, 2015, the Plaintiff entered into a contract with the Defendant for the construction work of reinforced concrete construction of 105 Dong (1,508.02 square meters), 106 Dong (1,653.684 square meters), 109 Dong (1,856.54 square meters), 110 dong (1,483.21 square meters) (1,483.21 square meters) from the Defendant on December 11, 2015 during the construction period of the construction work of reinforced concrete construction of 1,081,674,00 square meters (6,500 square meters) from the Defendant on December 11, 2015 to the 1,081,674,000 square meters (hereinafter “instant subcontract contract”).

The main contents related to the instant subcontract agreement are as follows.

Contract for Construction Works Subcontracts

3. Title of a construction project: 105, 106, 109, 110 buildings and remaining reinforced concrete construction works;

6. Contract amount: 1,081,674,00 won;

7. The timing and method of payment of the price: 80% of the base value for each 30,60,90% of the process, the completion of construction, and the balance within this month after the completion of construction, and the completion of construction of materials; 13. Balance of reinforced concrete construction (on-site retaining walls and external stairs, disabled persons entrance and exit equipment, rooftop and surrounding water and abandoned concrete construction works) are all included in the down payment, and no additional construction cost is required for “B”.

15. Correction and repair due to defects in construction works shall be responsible for and corrected by “B (Plaintiff).”

16. The settlement of construction expenses following an increase or decrease in design shall be made by applying the increase or decrease in the amount by dividing the building area under the contract for total construction contract into the unit price per square meter;

18. The contract amount shall be the total amount of the remaining construction works, 105, 106, 109, and 110, and the calculation of the building unit price shall be 1,00,000 square meters in total number of 1,56.68 square meters (6,501.458 square meters) per one square meter, converted into a square meter by adding up the respective consent areas permitted.

Contracting parties shall be the general terms, conditions, special terms, design drawings, specifications and conditions different from those set forth above.

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