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(영문) 창원지방법원 2020.07.09 2019가합53030
공사대금
Text

1. The defendant's KRW 1,137,864,40 for the plaintiff and 6% per annum from June 12, 2020 to July 9, 2020 for the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of constructing interior services, etc., and the Defendant is a company that runs the construction business, etc.

B. Around February 16, 2016, the Defendant: (a) determined the construction cost of KRW 13,510,948,000 as the construction cost for the new hotel (E; hereinafter “instant hotel”) at Seogpo-si, Seopo-do, Seopo-do (hereinafter “instant hotel”).

C. On February 1, 2018, the Plaintiff, among the new hotel construction works in the instant case from the Defendant, determined the price of the construction work as KRW 2,805,00,000 for the interior work of the instant interior work (hereinafter “the instant interior work”).

(2) The main contents of the instant subcontract are as follows: (a) the instant subcontract agreement entered into between the Plaintiff and the Defendant is called the “instant subcontract”; and (b) the construction cost as stipulated in the instant subcontract agreement is called the “construction cost.”

Standard subcontract agreement for construction works (hereinafter referred to as "basic contract")

4. Period: April 30, 2018 after completion of construction, February 1, 2018.

5. Contract amount: 2,805,000,000 won;

6. Payment of the price;

(1) Payment method (2) Payment method: Cash 100% and within two months after completion; and

9. Warranty bond rate: 3% 10. 10%: The defendant shall pay the price to the plaintiff by the due date determined by a deadline not exceeding 60 days from the date of payment as stipulated by the basic law of the construction industry (total 2 years) (hereinafter referred to as the "general conditions").

(2) The defendant shall pay the subcontract price if he/she receives the completion money from the ordering person, and the amount equivalent to the portion executed by the plaintiff if he/she receives the progress payment, to the plaintiff within 15 days (the due date if the date of payment comes earlier) from

Article 23 (Defect Security) (1) The plaintiff.

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