(영문) 수원지방법원 2015.04.09 2013가합20420

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(영문) 수원지방법원 2015.04.09 2013가합20420

청구이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 19, 201, the Plaintiff entered into a construction contract with the Defendant and the construction cost of KRW 7.255 million, the commencement date of construction work, September 19, 2011, and 19 months from the commencement date of the completion date of construction works, which is to build a new urban residential house at the Changdong-dong 7, Dobong-gu, Seoul (hereinafter referred to as “instant construction project,” and the said construction contract was referred to as “instant contract”) with the following contents.

Article 9 (Construction Period and Completion of Liability) (1) The date of commencement and completion of construction work shall be the date specified in the contract, and the plaintiff shall be the date of completion of construction work within the construction period specified in the contract.

(2) 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 of commencement, and in such cases, the construction period shall be reckoned from the commencement date

(3) The date of completion means the date the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 10 (Advance Payment) (1) The defendant shall pay the advance payment to the plaintiff as stipulated in the contract, and the plaintiff shall submit a letter of guarantee issued by the guarantee agency under the subparagraphs of Article 4 (2) when the defendant requests the submission of a letter of guarantee at the time of advance prohibition.

(2) The advance payment under paragraph (1) shall be made within 14 days after receiving a request from the plaintiff.

However, this shall not apply where payment is impossible due to inevitable reasons, such as financial standing, and the plaintiff is notified in writing of such reasons and time.

(3) The plaintiff shall not use the advance payment for any purpose other than the original purpose of the contract, and shall use it preferentially for paying wages and securing materials.

(2) The completed portion shall be calculated based on the unit price of the calculation sheet under Article 2 (8) 8.

(b).

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