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(영문) 서울고등법원 2012.09.12 2011나59751 (2)
공사대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

. From October 10, 2009 to September 15, 2010, a construction contract was concluded with the content of the contract to be awarded (hereinafter “previous construction contract”).

B. (1) However, around December 21, 2009, the construction of this case was waived after the completion of only the installation of a temporary fence and the removal of the existing building during the instant construction work. On January 6, 2010, the Plaintiff stated the date of the contract stated in the instant construction contract as of December 21, 2009 retroactively as the date of the waiver of the UN non-scheduled Construction Work.

The construction contract of this case (hereinafter referred to as the "construction contract of this case") is referred to as the "construction contract of this case," which receives the entire construction contract of this case, including the construction work already executed by the

The main contents of the instant construction contract are as follows. 【The construction period of the standard contract for private construction works: the contract amount: 1,440,000,000 won: the statutory period and rates for liquidated damages:* 1/100 of attached documents prescribed in the Enforcement Rule of the Act on Contracts to which the State is a Party * * 1/1000 of the standard contract for private construction works; 【the general conditions, design and calculation sheet 【the general conditions of the standard contract for private construction works】 【the general conditions of the contract for private construction works” under Article 2

6. The term “design” means construction specifications, design drawings (including where a bill of quantity is prepared), and site descriptions.

7. The term "bill of quantity of quantity" means a detailed statement of items or items constituting the objects by type of work, and the size, quantity, unit, etc. of the same items or items;

8. The term "statement of calculation" means a detailed statement submitted by a contractor to a contractor after stating unit price in a bill of quantity of materials;

Article 3 [Contract Documents] ① Contract Documents shall consist of standard contract documents for private construction works, general contract terms and conditions for private construction works, special conditions for construction contracts, design documents and calculation sheets, and shall have the effect of mutual supplementation.

Article 16. Period of Construction

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