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(영문) 서울고등법원 2016.01.14 2015나2018143
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The plaintiff is a company that installs and manages automatic, reinforced glass door, etc., and the defendant is a non-corporate body that consists of ten representatives for each building, respectively, in accordance with Article 17 of the Management Rules of Multi-Family Housing in order to manage the 10-dong 592 household units located in Namyang-si, Namyang-si. B (hereinafter "the defendant's apartment complex").

B. (1) On November 9, 201, the Plaintiff entered into a construction contract, etc.) with the Defendant (the president C at the time of representative) to the integrated security system construction on the Defendant apartment housing (hereinafter “instant construction project”).

2) The contract for construction work under which the contract was concluded (hereinafter “instant contract for construction work”).

(2) According to the instant construction contract, the construction cost shall be agreed upon at KRW 49,932,100, but the down payment of KRW 299,959,260 shall be paid at KRW 25 days after the completion of the construction work, and the intermediate payment of KRW 9,986,420 shall be paid at the end of the construction work within 25 days after the completion of the construction work, and the remainder of KRW 9,986,420 shall be paid at the end of the construction work, and the construction period shall be from January 1, 2012 to April 30, 2012 pursuant to the installation plan, and at least 80% (474 households) out of total of 592 households shall be deemed to have been completed at the time of establishment of the construction work. However, with respect to each household that has not been installed at least three times or by telephone, the construction work shall be deemed to have been performed after consultation with each other, and it shall be irrelevant to the total settlement agreement (Article 2).

3) The instant construction contract was signed with the Plaintiff selected as the lowest successful bidder through a resolution on November 5, 2011, and the Defendant entered into the instant construction contract between the Plaintiff and the Plaintiff. (C) The Plaintiff did not pay the instant construction contract deposit, and filed an order for payment against the Defendant on November 22, 201, by filing an application for payment order against the Defendant on an order against the Defendant on December 22, 201.

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