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(영문) 인천지방법원 2015.07.03 2014가합53000
공사대금
Text

1.(a)

The defendant's 6,782,590 won and its 6% per annum from October 17, 2013 to July 3, 2015 to the plaintiff.

Reasons

1. Facts of recognition;

A. On September 14, 2012, the Defendant contracted the construction work of the 4th floor (hereinafter “instant commercial building house”) of the building site B in Suwon-si City, Suwon-si (hereinafter “instant construction work”) with the construction period from September 25, 2012 to February 25, 2013 (including value-added tax), respectively, for each contract for the construction work period from September 25, 2012 to February 25, 2013.

(b) On December 1, 2012, the Plaintiff received a transfer of business from East SPF, and completed the transfer of business, and on December 1, 2012, as follows, with respect to the remainder of the non-construction works except for the completed portion of the instant construction works: The rate of liquidated damages for delay of 3% of the contract amount (including value-added tax): 1/100 of the contract amount (total amount of the contract amount shall be 5%) from September 25, 2012 to November 30, 2012: the contract amount from December 1, 2012 to February 25, 2013: 257,60,000 won (including value-added tax): The rate of liquidated damages for delay of 1/100 of the contract amount (including value-added tax):

1. The plaintiff bears the responsibility for repairing defects during the warranty period as stipulated in the Framework Act on the Construction Industry for the defective parts in construction.

2. The Plaintiff is liable for defect repair in the event that the Defendant paid the full amount of the supplied amount, value-added tax, additional construction cost, late charge, etc. to the Plaintiff in relation to the instant contract.

3. The start date of the defect liability period under paragraph (1) shall be deemed to commence from the completion date under Article 3 (3), and the plaintiff shall repair the defects in the execution arising from the object of the construction during the defect liability period.

The revised contract(hereinafter referred to as “instant contract”) was entered into.

Article 1.2,20,000,000 99,400,400,000,00 257,600,00,00 257,60,000,00 after approval for use at the time of the completion of the second floor floor slives of the second floor as of the filing date of a claim for the remainder of the special terms of the contract for construction.

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