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(영문) 수원지방법원 2017.11.03 2017가합18050
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 254,660,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 6, 2017 to June 26, 2017.

Reasons

1. Basic facts

A. On June 26, 2015, the Plaintiff entered into a contract for construction works with the Defendant for the construction of a factory (hereinafter “instant construction works”) with the following content:

(hereinafter referred to as the “instant contract”). 1. Name of the contract: The Corporation for the Construction of a factory in the Seoul Special Metropolitan City Development Bank.

2. Location of a building site: The area No. 804, Jinari-ri, Chungcheongnam-do, Chungcheongnam-do.

3. Contract term: From June 26, 2015 to March 30, 2016: Contract amount: 3,180,000,000 won (excluding value-added tax);

5. Contract bond: 5% of the contract amount;

6. Prepaid money: 20% of the total contract amount; and

7. Payment of consideration for gender: One time each month (cash payment within seven days after the determination of the weather);

8. Period for warranty against defects: Two years after completion (three years from the steel framed for structural purposes).

9. The warranty bond: 10% of the contract amount (payment in cash within seven days after receipt of the completion certificate) for the balance on 10. The payment of warranty bond shall not exceed the total amount of value-added tax on the contract amount under the above 4.

11. Penalty for delay: 1/100 of the contract amount per each number of days of delay: Provided, That the penalty for delay shall not be levied within one month from the expiration date of the contract period under Article 3.

Article 4 (Contract Scope) (1) of the General Conditions of the Construction Contract (the scope of the contract under Article 4 (Contract Scope) (1) shall be as follows:

3. The date of completion referred to in Article 10 (Period of Construction) (3) The date of completion refers to the date of completion of the terms and conditions of the contract inspected and confirmed by the Party A, upon receiving a written request for the completion inspection from Party B.

However, Article 27 seems to be a clerical error in Article 28.

A certificate of usage inspection (or approval for temporary use) issued by the authority for permit after completion of inspection under the above provision shall be limited.

Article 17 (Extension of Work Period) (1) The execution of construction works shall be delayed due to any cause not attributable to B as follows:

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