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(영문) 수원지방법원 2017.10.27 2016가합78093
공사대금
Text

1. The Defendant’s KRW 274,403,296 for the Plaintiff and KRW 6% per annum from June 9, 2016 to October 27, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff Company is a company that runs the construction business, etc., and the Defendant is a high school B (hereinafter “instant school”) in the form A in Yangyang-si, Namyang-si.

(2) On April 6, 2015, the Plaintiff Company and the Defendant concluded a construction contract (hereinafter “instant construction contract”) with the Defendant contracting the Plaintiff Company for new construction of high-ranking teachers and ancillary facilities thereto (hereinafter “instant construction”).

The contents of the instant construction contract pertaining to the instant case are as follows.

The name of the construction project in the notice of the conclusion of the construction contract: The name of the end-user institution of the construction project and the name of the end-user institution of the auxiliary facilities construction project at the office of education of Gyeonggi-do: The amount of gold contract for the construction project at the office of education of the Gyeonggi-do: the total amount of the construction project at the office of education: the total amount of KRW 9,413,09,070 (10,235,194,070): the date of commencement of the construction project at the rate of KRW 10,000,000,000 for the first time: the date of completion of the construction project at the office of education: the date of completion of the construction project at the rate of KRW 2015,04/12/02: (Provided, That the period of construction: 240 days from the date of commencement, 422 days from the date of completion): 13% from the date of execution of the construction project at the time of execution of the construction project at issue.

Part XIII Implementation of the General Conditions of Construction Contracts Section 5

2. Government-funded materials and loans;

(a) An authority awarding an order may supply or lend specific materials, machinery, apparatus, etc. necessary for the performance of a project to the other party to the contract, and in such cases, the government-funded materials, etc. (referring to government-funded materials and loaned goods; hereinafter the same shall apply) shall

(b) government-funded materials, etc. shall be supplied in a timely manner in accordance with the schedule of construction processes, and shall be the date and place of delivery.

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