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(영문) 서울중앙지방법원 2016.06.30 2014가합561029
공사대금
Text

1. The defendant shall pay to the plaintiff KRW 542,771,576 among the costs and KRW 198,200,892 from April 5, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On November 21, 2013, the Plaintiff: (a) concluded a contract on November 21, 2013 with the construction work to extend the golf practice range (hereinafter “instant construction work”) to the fourth floor above the ground, which is a building of 254-6 ground-based 3rd floor (hereinafter “instant golf practice range”); (b) the construction work cost of KRW 1.265 million (including value-added tax); and (c) the construction period of November 25, 2013 through March 10, 2014.

B. The main contents of the instant contract are as follows.

Standard contract for private construction works

1. Construction name: Construction works for expanding a golf club to be classified into the Austria;

2. Place of construction: The distance 254-6, the distance at the port of the population of the Republic of Korea at port of tolerance;

3. Date of commencement: The date scheduled for completion on November 25, 2013: October 5, 2014: 【1,265,000,000 on March 10, 2014: The contract amount: 【1,150,000,000-1. The supply value: 【1,150,000,000-2 value-added tax: 【15,000,000.

6. Advance payments: 253,000,000- 20% of the construction amount.

7. Time and method of payment of completed portion: Payment of the completed portion once a month (60%) and payment after completion of the balance (20%).

8. Warranty liability period: Three years;

9. The rate of liability for delay: 3%; 10. The rate of liability for delay: 3/100: Other matters: All materials for the elevator using KS products shall be 15 passengers.

C. The main contents of the general terms and conditions of the standard contract for private construction works, which are the contents of the instant contract, are as follows.

Article 1 (General Provisions) of the General Conditions of the Contract for Construction Works in the Private Sector (hereinafter referred to as "A") and the contractor (hereinafter referred to as "B") shall implement the contract in good faith in cooperation with each other on an equal footing.

Article 9 [Period of Construction] (1) The date of commencement and completion of construction work shall be the date specified in the contract.

(2) Where it is impossible to start on the date of commencement of construction without any cause attributable to B, the date of commencement of the site of “B” shall be the date of commencement, and in such cases, “B” may request the extension of the construction

(3) The completion date shall be the date of completion of construction works by “B” and the completion inspection by “A” in writing.

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