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(영문) 수원지방법원성남지원 2019.07.16 2018가합769
공사대금
Text

1. As to the Plaintiff KRW 304,655,00 and KRW 13,100,00 among them, the Defendant shall pay to the Plaintiff KRW 20,00 from April 21, 2018, and KRW 291,55,00.

Reasons

(c) shall be.

(2) After November 10, 2017, the Plaintiff entered into a subcontract with respect to reinforced concrete construction among the aforementioned new construction works, which is set forth in the construction period from July 1, 2017 to March 1, 2018 (value-added tax separate) and the subcontract price of KRW 1,577,00,000 (value-added tax). 2) After entering into a contract with C on June 29, 2017, the Plaintiff entered into a contract for the instant contract (hereinafter “instant contract”) with respect to reinforced concrete construction among the said new construction works, from July 1, 2017 to January 15, 2018; and the main contents of the instant contract are as follows:

1. Chief contractor: The name of defendant prime contractor: D main complex construction works;

2. Name of subcontracted construction: reinforced concrete construction works;

3. Period of Dwork in Suwon-si D: The amount of value of KRW 1,767,00,000 for the supply on January 15, 2018 after the commencement of construction on July 1, 2017: Value-added tax of KRW 1,767,00,000: Value-added tax of KRW 1,767,00,000, which is included in iron bars and ready-mixed separately.

5. Payment of the price;

(a) Payment in advance: None;

(b)(1)Payment of progress payment on the basis of the confluence of bank loans, provided that the payment made at C and 422,815,114 (including value added tax) shall be deducted;

15% of the supplied amount shall be paid within 45 days after completion.

(c) Consideration and payment following design changes;

6. Items and quantities of paid materials: Stiropool, safety launch plates, and stimulated nets;

7. Contract bond: The rate of defective repair deposit;

8. Defect security period: The Building Act shall govern.

9. The rate of liquidated damages shall be governed by the Building Act;

This contract is based on the subcontract between the contractor C and the plaintiff, and if the contractor increases KRW KRW 00,000 per square day from the original down payment and removes the 10-story floor within the construction period, the contract shall be paid in addition to the performance money by the contractor.

Therefore, no more increase in the construction cost is absolute and final construction cost.

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