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(영문) 대구지방법원안동지원 2014.10.23 2013가합444
공사대금
Text

1. The Defendant’s KRW 316,815,00 for the Plaintiff and KRW 5% per annum from July 2, 2014 to October 23, 2014.

Reasons

1. Basic facts

A. On June 18, 2010, the Plaintiff entered into a contract with the Defendant, which is a local government, to set the total construction cost as KRW 2,052,714,00, contract price as KRW 783,20,00,00, and liquidated damages rate as KRW 0.1% with respect to the construction work for the extension of the water supply zone in the Dongbu District. By April 18, 201, the Plaintiff agreed to install a collection-type L=480, two collection-type, three places, and promotion-tension L=75 meters in the Dongbu District as of April 18, 201 (hereinafter referred to as “the first contract portion”), and the construction work is referred to as “the first construction work”.

(2) At the time of concluding the above contract, the Plaintiff and the Defendant determined that the criteria for bid and the execution of the contract, design and site descriptions, general conditions of the contract for the construction of the local government, and calculation sheets (including subcontract matters) as part of the contract.

3) The general conditions for the construction contract of the local government, which was in force at the time of June 18, 2010 (Ordinance of the Ministry of Public Administration and Security No. 253, Aug. 6, 2009; currently the name of the Ministry of Public Administration and Security was changed to the Ministry of Public Administration and Security, but the name was in force at the time of enforcement, barring any special circumstance.

Under the following, the above established rules shall be referred to as "general terms and conditions of construction contracts":

(4) The Plaintiff and the Defendant concluded a contract agreement with the Plaintiff to additionally establish an aggregate of KRW 1,269,514,000 for the contract amount on February 28, 2011 (i.e., total amount of construction work 2,052,714,000 - total amount of construction - total amount of KRW 783,200,00 for the first installment contract amount of 783,200,000 for the first installment contract amount of 0.1% until June 17, 2011, by setting the rate of compensation for delay as 0.1%.

The foregoing installation content is referred to as "the second contract portion", "the second construction", and the construction work is referred to as "the second construction work", and the contract and the contract dated June 18, 2010.

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