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(영문) 부산지방법원 2018.05.03 2015가단236758
공사대금
Text

1.(a)

The defendant's warranty bond of 35,000,000 won or the warranty bond of 35,000,000 won or the warranty bond of 35,00.

Reasons

1. Basic facts

(1) On March 8, 2014, the Defendant concluded a subcontract with the Plaintiff during the construction period of the apartment housing association C (hereinafter “instant apartment complex”) with the amount of construction cost of KRW 700,000,000 (excluding value-added tax of KRW 2,80,000), and with the period of construction from March 10, 2014 to January 30, 2015.

(hereinafter “instant construction contract”). The instant construction contract includes the following:

8. The rate of liability for delay: 5% of the penalty for delay: Article 18 (Security for Defects) (1) The plaintiff shall pay to the defendant the amount calculated by multiplying the rate of liability for defect repair as stipulated in the contract by the contract amount (hereinafter referred to as "liability bond") as cash or the following certificate until he/she receives the payment for the relevant work after the completion inspection:

(2) The plaintiff shall, without delay, repair defects caused by reasons attributable to the plaintiff during the defect repair obligation period stipulated in the contract from the date the completion inspection is completed.

(3) If the plaintiff receives a request for the repair of defects from the defendant during the period of defect repair obligation under paragraph (1), and fails to comply therewith, the amount of defect repair under paragraph (1) shall revert

[Special Conditions for Contracts] Article 4 (Special Conditions for Contracts)

1. The main works shall be included in the unclaimed works, waterproof works, and tidal works (the works to be performed on fences and ancillary facilities);

5. The scope of this construction shall be as follows:

5 Apartment A, B, C, Dlin and management office, senior citizen center, guard room, 6. B, boiler room, two bathing rooms, and lighting part after the second half of liquid flood control 21. Additional construction costs, other than contractual amounts, are not acceptable for any matter, in respect of construction works.

D. On November 10, 2014, the Plaintiff and the Defendant concluded a modified contract, other than the instant construction, with the content that the Plaintiff shall additionally perform the construction work for the stratory, and the construction cost shall be KRW 799,625,680.

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