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(영문) 울산지방법원 2019.01.16 2018가합554
공사대금
Text

1. The defendant shall be the plaintiff.

(a) KRW 169,619,630 as well as 5% per annum from July 1, 2017 to January 16, 2019; and

Reasons

1. Basic facts

A. On July 10, 2016, the Plaintiff was awarded a contract with the Defendant for reinforced concrete construction works (hereinafter “instant construction works”) at KRW 890,000,000,000 (value-added tax separately) among the new construction works of officetels located in Sejong-si.

(hereinafter “instant construction contract”). The main contents of the instant construction contract are as follows.

The name of the instant construction contract: The construction cost from July 10, 2016 to October 30, 2016: The defect warranty bond rate of KRW 890,000,000 (excluding value-added tax): 3% defect warranty bond: Articles 23 (Security) (1) of the two years and 23 (2) (1) shall be the amount calculated by multiplying the contract price by the defect warranty bond rate stipulated in the contract (hereinafter referred to as “liability warranty bond”) and then the price for the relevant construction shall be paid to A in cash or by the following certificate after completion inspection to pay the price for the relevant construction:

Provided, That this shall not apply where the payment of security deposit is not required due to the nature of the construction project.

1. A letter of guarantee issued by the D Association, E Association, F Association, G Association, or H Association;

2. Surety insurance policy;

3. Letter of guarantee from the Credit Guarantee Fund;

4. National or local bonds; and

5. Financial institution payment guarantee.

6. Special terms of certificates of deposit;

1. Payment on the 20th of the following month after the end of each month under payment conditions;

2. Two households in accord and satisfaction (17.66 square meters) - Contract area of the construction amount;

3. In case of continuing insurance, a principal contractor shall join a principal contractor and deduct the premium proportionally from the construction amount.

on July 10, 2016: The principal contractor (A): The plaintiff (B):

B. The Plaintiff completed the instant construction work on or around June 30, 2017 under the instant construction contract, and received a total of KRW 553,362,700 from the Defendant around that time.

C. While the Plaintiff was carrying out the instant construction project, the Plaintiff was not included in the scope of the original construction project at the Defendant’s request.

On December 30, 2016, the Plaintiff’s supplier, the Defendant, the supplier, the supply price of KRW 50 million, the tax amount of KRW 50 million, and the total amount of KRW 550 million.

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