logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.05.17 2019가단104393
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 61,548,00 to the Defendant (Counterclaim Plaintiff) and against this, from February 8, 2018 to May 17, 2019.

Reasons

1. Basic facts

A. On February 6, 2017, the Plaintiff, as an individual construction business operator (mutual “C”), concluded a contract between the Defendant and the Defendant on the supply of and demand for the construction of multi-household housing with eight households on the ground D in Gangseo-gu Seoul, Gangnam-gu, Seoul, and agreed on the major contents of the contract as follows.

1) The construction cost of KRW 460,000,000 ( separate amount equivalent to value-added tax) shall be paid to the Plaintiff, the owner of the project, in installments, in accordance with the initial height. However, in the event of an advance payment, 50,000,000,000 when the construction was commenced, when the construction was commenced on the third floor, and 100,000,000 when the construction was completed on the fifth floor, and 100,000,000 when the interior was completed, and 50,000,000,000 when the internal construction was completed, when the construction was completed, or when there was any unexpected or error in the construction site, or when there was a change in the construction plan, the Defendant shall revise the design, and if so, the construction period is to be increased or decreased by mutual agreement, and if necessary, the construction period shall be reduced or decreased.

3) On February 6, 2017 and June 30, 2017, the scheduled date for completion of a project shall be two years, and the Plaintiff shall pay to the Defendant the warranty bond calculated by multiplying the contract amount by the warranty bond rate as stipulated in this contract to guarantee the repair of defects of the construction works, in cash or by a letter of guarantee issued by the guaranteeing agency, after completion inspection, until the payment for the construction works is made.

5. When the plaintiff has failed to complete the construction works within the deadline for completion, the amount calculated by multiplying the contract price rate for delay by the number of days delayed shall be paid to the defendant.

However, the construction work shall be done due to the reasons attributable to the defendant who is the contractor and the reasons not attributable to the plaintiff such as natural disasters, war and other force majeure.

arrow