(영문) 청주지방법원 2015.01.21 2013가합27357

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자간(%)

(영문) 청주지방법원 2015.01.21 2013가합27357

전부금

Text

1. The defendant shall be the plaintiff.

(a) KRW 135,584,096 as well as 6% per annum from February 13, 2014 to January 21, 2015; and

Reasons

1. Basic facts

A. On May 2, 2013, the Defendant entered into a contract for the construction of the heat duct equipment (hereinafter “instant contract”) among the construction of the instant construction works of the GaC pipes, Kasan Engineering Co., Ltd. (TAC No. 2) and the Gasan Engineering Co., Ltd. (TF-2). The Defendant entered into the said contract (hereinafter “instant contract”). The relevant content of the instant contract is as follows.

1. The name of the construction: The construction of the heat crum facilities from among the construction of the 2nd MF-2 Prop duct pipes in the 2nd MAC, the Round Engineering Co., Ltd. of the Round-FF-2;

3. Period: Period of construction: 2,909,500,000 won (including value-added tax) on May 2, 2013, and July 4, 2013, as completed;

8. Warranty bond: The warranty bond of 10% of the contract amount: Two years and ten months from the date of completion of the construction: The payment conditions for the price shall be paid in cash directly to the relevant worker according to the ratio of progress payment for each month, for the daily amount of KRW 1,020,000 (excluding value-added tax) equivalent to the labor cost among the contract amounts;

11. Paragraph (3) of this Article, the defendant shall add a separate sheet.

4. If any ground falling under the "written consent to directly pay the price" arises, the price shall be deducted from the amount of progress payment to be paid in the identity test.

Article 12 (Deposit for Repair of Defects) The identity test of the contract for construction works shall be paid or submitted to the defendant in cash or by the warranty insurance for defects with the amount equivalent to 10/100 of the contract amount as the warranty bond for the defect repair period specified in the contract on the date of completion after passing the completion inspection.

Added

2. In the conclusion of the contract of this case with the defendant, the identity test of the documents of this case promises not to make any request for the performance of any defects or receive any progress payment until the documents are supplemented and submitted, and will also submit a letter to this effect.

Added

4. The Defendant and the instant letter of consent to the direct payment of the price.

유사 판례

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