(영문) 제주지방법원 2015.10.15 2015가합10345

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(영문) 제주지방법원 2015.10.15 2015가합10345

공사대금

Text

1. The Defendant’s KRW 1,761,920,000 for the Plaintiff and 5% per annum from March 5, 2015 to October 15, 2015.

Reasons

1. Basic facts

A. On September 10, 2013, the Plaintiff agreed on the payment method of the construction cost prior to entering into a construction contract with the Defendant with respect to the construction of resort condominiums on land (hereinafter “instant construction”).

Contract price: 6,710,00,000 won (including value-added tax): No one shall be paid. - The progress payment - The progress payment shall be made from October 1, 2013 to December 31, 2013 (Approval for Sale in lots at the rate of 20%) and the progress payment shall be made from December 31 of the same year.

- In principle, the intermediate payments and remainders for the agreed 20 persons shall be the first priority payment of construction costs.

- After approval for parcelling-out, the contractor's down payment and intermediate payment shall in principle be the first priority payment with the cost of construction.

Any balance - Payment shall be made through any balance loan and mortgage loan (combined) after completion when accounts payable for construction cost occur.

B. On September 27, 2013, the Plaintiff entered into a construction contract with the Defendant for the instant construction project (hereinafter “instant contract”). Among them, the content relating to the instant claim is as follows.

(hereinafter referred to as "A" and "B" in the terms and conditions of the contract shall refer to the defendant, and "B" shall refer to the plaintiff. The construction site of the old-dong resort condominium construction project: The construction site of the old-dong resort condominium construction project: October 1, 2013: the date scheduled for completion: the contract amount of December 31, 2014: the contract amount of KRW 6,710,000,000 (including additional tax): The completed amount of the contract amount of the general standard construction contract of the private construction project contract of the first time in January, 201, if expressly stated the completed amount of the contract, "B" may request an inspection of the completed portion, and in this case, "A" shall be deemed to have passed the inspection without delay and notified "B" of the result, and in the absence of notification within 14 days, it shall be deemed to have passed the inspection.

(2) The completed portion shall be based on the unit price of the calculation sheet.

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