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(영문) 서울고등법원 2015.05.26 2013나30662
공사대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of a building work and an engineering work, and Defendant B is the owner of a building area of 365 square meters (in the case of the above land, it became a D large scale of 233 square meters due to its subsequent partition and land category change; hereinafter “instant land”), and Defendant C is the wife of Defendant B.

B. On July 6, 2011, Defendant B entered into a contract with a long-term integrated construction company (hereinafter “long-term construction”) for construction of multi-household housing on the instant land (hereinafter “instant construction”) to contract the construction cost of KRW 495,000,000 (excluding value-added tax).

C. During the construction of the instant construction project, the construction of the first floor and the structural frame assembly works were suspended. Defendant B rescinded rescinded the said construction project around September 201.

On September 23, 2011, Defendant B entered into a contract with the Plaintiff and the instant construction cost of KRW 495,00,000 (excluding value-added tax), the construction period from September 23, 201 (the date of commencement) to December 31, 2011 (the scheduled date of completion) (hereinafter “instant contract”). Defendant C jointly and severally guaranteed Defendant B’s obligation under the instant contract. The instant contract sets forth the warranty bond rate of KRW 3%, the delay penalty rate of KRW 1/1,00, and the delay interest rate of KRW 1/1,000.

E. Meanwhile, the general terms and conditions of the standard contract for private construction works attached to the instant contract (hereinafter “general terms and conditions”) are as follows.

1) The date of completion refers to the date on which the plaintiff completed the construction work and a written request for a completion inspection is made to the defendant B: Provided, That where the defendant B fails to pay the construction cost within the due date for the payment under Article 24, the number of days from the day following the due date for the payment shall be the number of days from the date of payment to the date of payment.

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