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(영문) 인천지방법원부천지원 2015.11.27 2015가단13951
공사대금
Text

The defendant shall deliver the warranty bond as stated in the attached Form to the plaintiff at the same time. 10,000,000 won to the plaintiff.

Reasons

Facts of recognition

On November 15, 2014, the Plaintiff supplied a new construction project (hereinafter “instant construction project”) from the Defendant for the Incheon Vindication-gun’s Ground C Housing (hereinafter “instant housing”), and the main contents are as follows.

The date of commencement: The scheduled date of completion on February 10, 2015: The contract amount: 105,00,000 won (excluding value-added tax): The rate of defect repair for two years and the amount: The related content of the standard contract for private construction works attached to the contract for construction works in this case, which are not specified:

Article 4 (Deposit for Contract) (2) A contract bond under paragraph (1) may be paid with a letter of guarantee issued by any of the following agencies:

1. Certificates issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry;

2. Certificates issued by guarantee insurance companies, the Credit Guarantee Fund, and other equivalent institutions;

3. Payment guarantee or certificate of deposit by financial institutions;

4. Article 28 (Security) (1) In order to guarantee the repair of defects of a construction project, the Plaintiff shall pay to the Defendant an amount calculated by multiplying the contract amount by the rate of the warranty bond for defect repairs set forth in the contract (hereinafter referred to as “guarantee bond for defect repairs”) as cash or a letter of guarantee issued by the guarantee agency referred to in each subparagraph of Article 4 (2) until the payment of the

The Plaintiff completed the instant construction before the completion date of the completion plan, and the Defendant completed the registration of ownership preservation on the instant housing on February 12, 2015.

On March 13, 2015, the Plaintiff prepared and issued a certificate to the Defendant to issue a defect guarantee that applies 10% of the contract price to the instant house (hereinafter “instant certificate”).

The Defendant did not pay KRW 10,000,000 out of the construction cost of the instant case.

[Grounds for recognition] The remainder of the construction price of this case is determined as to the non-contentious facts, Gap 1, 2, Eul 2's each entry of evidence, and the ground for claim of the entire pleadings.

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