(영문) 인천지방법원부천지원 2015.07.31 2015가합101329

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(영문) 인천지방법원부천지원 2015.07.31 2015가합101329

공사대금

Text

1. The defendant shall pay 315,450,000 won to the plaintiff and 20% per annum from April 10, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On April 2, 2012, the Central Construction Co., Ltd. (1) concluded the instant construction contract between the Defendant and the Central Construction Co., Ltd. (hereinafter “Central Construction Co., Ltd.”) concluded a contract with the Defendant on April 2, 2012, with the construction cost of KRW 7 billion (including value-added tax) for the construction work, from April 10, 2012 to January 13, 2013, with the completed payment of KRW 0.01, and delayed interest rate of KRW 7% (hereinafter “instant prime construction contract”), and the main contents of the contract are as follows:

Article 22 [B] ① If a portion completed is specified in the contract as to the completed portion, the “B” (Central Construction) may request an inspection of the completed portion pursuant thereto, and in this case, the “A” shall conduct an inspection without delay and notify the results to B, and if no notification is made within 14 days, the inspection shall be deemed to have passed.

(3) A shall pay B the completed amount according to the details of the inspection within 14 days from the date of completion of the inspection.

(4) Article 25 (3) shall apply mutatis mutandis where A delays the payment of the completed portion under paragraph (3).

Article 25 [Payment of Price] (1) B may adjust the construction site, such as removal, removal, etc. of surplus materials, wastes, temporary facilities, etc. immediately after passing the completion inspection of A, and claim the payment of the construction cost to A.

(2) A shall pay B the price for construction at the same time as the delivery of the object of a contract, unless otherwise stipulated.

(3) If a party A fails to pay the price by the due date, it shall pay the unpaid amount by adding the interest calculated by applying the interest rate for overdue payment specified in the contract to the number of days from the day following the due date of payment.

Article 27 (Compensation for Delay) (1) The construction work shall not be completed within the period of completion.

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