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(영문) 부산지방법원 2020.10.28 2018나56466
공사대금
Text

The judgment of the first instance court is modified as follows. A.

The defendant shall pay to the plaintiff KRW 75,113,743 and KRW 46,09,648.

Reasons

(c)be paid.

1. Certificates issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry;

2. Certificates issued by guarantee insurance companies, the Credit Guarantee Fund, and other equivalent institutions;

3. A financial institution’s payment guarantee certificate or certificate of deposit Article 10 (Advance) (1) The defendant shall pay a advance payment to the plaintiff as stipulated in the contract, and the plaintiff shall submit a letter of guarantee issued by a guarantee agency under any subparagraph of Article 4(2) where the defendant requests submission of a letter of guarantee at the time of advance payment.

(3) The plaintiff shall not use the advance payment for any purpose other than that to achieve the purpose of the contract, and shall use it preferentially as wages and as materials.

Matters of special agreement

1.The terms of this special agreement shall prevail over the terms and conditions of the agreement.

4. The defendant shall supply ready-mixeds and steel bars necessary for this construction to the site, and all supplementary materials, expendable goods, equipment, etc. necessary for other construction are responsible for the plaintiff.

* referred: Fixtures, steel bars processing, ready-mixed snow (including equipment), fluorries (including steel products), external rains, etc. are responsible and constructed by the Plaintiff.

5. In principle, the Plaintiff shall execute the construction as indicated in the drawing, and the Plaintiff shall confirm the materials carried in to the owner before using all the materials and shall perform all the construction after approval by the Defendant.

14. The external vision shall be used by the defendant for three months in order to carry out tin works.

15.In the event that this project ceases to exist for more than three (3) days without good cause, or that the completion of the project within the contracted construction period is not possible, the defendant shall, without due process, request a third party to perform the project and settle

The payment method of the first down payment of KRW 20 million was paid KRW 20,000,000 to the Plaintiff on the day of the completion of the completion inspection of KRW 20,000,000 on KRW 20,000,000 on KRW 25,000,000,000 for KRW 3rd floor of KRW 4,000,000.

B. The Plaintiff on August 2015.

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