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(영문) 서울고등법원 2015.10.15 2015나13333
공사대금 중 일부금
Text

1. Each appeal filed by the Plaintiff against the Defendants and all appeals filed by Defendant Seongdong District Urban Development Project Association are dismissed.

Reasons

1. Basic facts

A. 1) The Defendant Rice District Urban Development Project Association (hereinafter “Defendant Association”)

(A) On December 8, 2010, Defendant Central Construction Co., Ltd. (hereinafter “Defendant Central Construction”)

(2) The Corporation shall be deemed to have entered into an agreement with the Corporation for the Development of the Native Project for the Native Project for the Native Project for the Native Project.

(i) 14.3 billion won (including value-added tax; hereinafter the same shall apply) for construction work;

() The contract was concluded during the construction period from December 15, 201 to December 14, 201, and the contract was concluded for the change of construction cost of KRW 16.72 billion on November 29, 2013 as of November 29, 2013, and the construction period of KRW 16.723 billion on December 15, 2010 to November 30, 2013 (hereinafter referred to as “instant contract for the original contract and each of the changes thereto”).

(2) According to Article 22 of the General Conditions of the Contract Agreement included in the instant original contract, the Defendant Union shall pay the progress payment every two months to the Defendant Central Construction (Paragraph 5), and if the Defendant Central Construction is requested to inspect the completed portion, the inspection shall be conducted without delay and the result thereof shall be notified, and if the result is not notified within 14 days, the inspection shall be deemed to have passed (Paragraph 1), and the progress payment shall be made within 14 days from the date of completion of the inspection.

(Paragraph 3). (b)

The Defendant Central Construction, upon which the subcontract was executed, concluded each subcontract or a modified contract providing that part of the original contract of this case shall be subcontracted to the Plaintiff as follows:

(hereinafter referred to as “each of the subcontracted projects in this case” in the entirety of each of the following subcontracted projects, and the final modified subcontract is referred to as “each of the subcontracted projects in this case”). 1) The plane Reinforcement Works among the original subcontracted projects in this case (hereinafter referred to as “the First Works”).

on September 2, 201, 201, 3.166 billion won for the construction work and the scheduled completion date for completion of construction works are determined and subcontracted on January 23, 2012.

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