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(영문) 광주고등법원 2015.10.07 2013나3544
공사대금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim changed at the trial court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On November 15, 2010, the Plaintiff entered into a contract with the Defendant with the content that the extension of the C Hospital funeral hall located on the ground outside the west-gun, Namnam-gun, and the extension of the C Hospital funeral hall on the nine parcels, and the main content is as follows.

(hereinafter referred to as the “instant construction contract” and the said contract is referred to as the “instant construction contract”). The standard contract for private construction works (Omission)

3. Date of commencement: The date scheduled for completion on November 4, 201: July 19, 201: 1.825 billion won (including value-added tax).

6. Contract bond: 180,000 won;

7. Advance payment: 10% of the contract amount; and

8. End amount: 30% of the contract amount after the construction of concrete with the underground floor columns, 30% of the contract amount after the construction of concrete with the second floor columns, 30% of the contract amount after the completion inspection, and 12% of the contract amount after the completion inspection; The interest rate for the delayed payment: the overdue interest rate applied at the time of loans from the ordinary City and Central Bank; Other matters; there shall be no increase or decrease in the construction cost between two companies due to the construction modification during

Article 24 of the General Conditions of the Standard Contract for Construction Works [Completion Inspection] ① Upon completion of construction work, the plaintiff shall notify the defendant without delay after receiving notice, and the defendant shall conduct the inspection in the presence of the defendant, and if the defendant fails to notify the result of the inspection within ten days after receiving notice from the plaintiff, the inspection shall be deemed to have passed on the date ten

Provided, That where the inspection has not been completed due to an act of God, such as a natural disaster, etc., the period during which such cause continues to exist and three days from the date on which such cause ceases to exist.

Article 25 [Payment of Price] (1) After passing a completion inspection by the defendant, the plaintiff may adjust the construction site, such as the removal or removal of surplus materials, wastes, temporary facilities, etc., and claim the payment of the construction price to the defendant.

(2) Unless otherwise stipulated, the defendant shall deliver the object of the contract to the plaintiff at the same time.

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