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(영문) 청주지방법원 2018.11.07 2017나13374
공사잔대금
Text

1.The judgment of the first instance, including a claim that has been reduced in the trial, shall be modified as follows:

The defendant.

Reasons

. Facts of recognition.

A. 1) On July 20, 2015, the Defendant: (a) a construction business, etc. under the name of “C” on July 20, 2015; and (b) a new construction project for D ground detached houses (hereinafter “instant construction project”).

The construction period shall be fixed at the respective cost of construction from July 27, 2015 to November 15, 2015, the construction cost shall be KRW 195,00,000 (hereinafter referred to as “the contract”).

The main contents are as follows:

* Terms and Conditions of Payment

1. When concluding a contract: 10% of the contract amount;

2. On arrival of main materials: 30% of the contract.

3. At the time of completion of structural works: 20% of the contract amount.

4. When interior works are performed: 20% of the contract amount.

5. At the time of completion of construction: “A” shall be notified in writing to “B” (referring to the plaintiff; hereinafter the same shall apply) when there is a change in the design or the scope of construction due to the needs of Article 5(20% of the contract amount (the change in the design and scope of construction) 5-1 “A” (referring to the defendant; hereinafter the same shall apply) and “B” shall carry out the construction work accordingly.

5-4 The alteration of the oral design and construction scope of “A” and “B” shall not be effective.

If “B” is unable to complete the construction within the contract period due to a cause attributable to “B” under Article 16-1(s) of the Act, “B” shall pay the penalty equivalent to 1,000 of the contract amount at the time of the payment of the construction amount for each day of delay.

Provided, That compensation for delay shall not exceed 10% of the contract amount.

2) On the date of entering into the instant contract, the original Defendant’s drawings of the instant construction project (hereinafter “agreement drawings”).

)A written estimate stating expenses for each item (hereinafter referred to as “written estimate of agreement”) and the written estimate of agreement.

A) A signature or seal has been signed or sealed on the written estimate, the net construction cost shall be KRW 160,871,436; KRW 8,043,572 equivalent to 5% of the net construction cost; KRW 22,080,000, the separate construction cost shall be the sum of the construction cost shall be KRW 174,907,864; the construction cost shall be the sum of the construction cost shall be 174,90,864; and the construction cost shall be miscellaneous (3% of the net construction cost) in the aggregate of the construction cost;

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