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(영문) 서울중앙지방법원 2015.12.11 2013가합36960
공사대금
Text

1. As to KRW 5,962,830,213 among the Plaintiff and KRW 3,562,830,213 among the Plaintiff, the Defendant shall start from August 1, 2012 to December 11, 2015.

Reasons

1. Basic facts

A. 1) On March 29, 2010, the Plaintiff entered into the instant contract with the Defendant on March 29, 2010, and “C officetels of the size of the five underground floors and the 11st floor above the 8th ground level on the land outside Seopo-si, Seopo-si, Seopo-do (hereinafter “instant building”).

2) Of the construction of new facilities, the removal of existing facilities, civil and structural works (hereinafter “the instant construction”) are called the “the instant construction works.”

(i) the contract amount of KRW 19,250,000,000 (including value-added tax; hereinafter the same shall apply) with respect to the contract;

(3) The construction period is 17 months from the date of commencement (hereinafter referred to as “instant contract”).

(2) The main contents of the instant contract and the terms and conditions of the instant general contract for private construction works (hereinafter “general terms and conditions”) and the “special terms and conditions of the contract for construction works” (hereinafter “special terms and conditions”) are as follows:

7. The scope of construction works: Removal of existing facilities, civil engineering works, and structural works (see special terms and conditions of the contract for construction works);

8. Amount completed: Terms and conditions of the payment made each month.

9. Order of payment of construction cost: Warranty liability rate of 12.1 in December, 12, 190 in accordance with the relevant statutes for the construction contract: Interest rate of delay in payment of the price per day 1/1,000 for the construction contract: General Conditions see Special Conditions for the Construction Contract: Article 6(1) of the General Conditions see Special Conditions for the Construction Contract (A) “A” shall complete the preparation of design documents before the commencement of the project and hand over them to “B”, and the Defendant and the Plaintiff shall prepare a detailed statement of the construction contract based on the execution design documents.

Article 7 (Period of Construction Work) (1) The time when the Plaintiff commences construction work shall be when the preparation of design documents is completed and the Plaintiff is transferred to the Plaintiff, and at least 50 out of 75 subscription forms have been converted to a regular contract.

(2) A construction period shall be 17 months from the commencement date of the plaintiff's works.

(3) Where it is impossible to commence construction on the commencement date without any cause attributable to the plaintiff, the commencement date of construction shall be the date.

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