(영문) 춘천지방법원 2017.12.20 2014나2581 | 리걸엔진

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(영문) 춘천지방법원 2017.12.20 2014나2581

대여금

Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff (Counterclaim defendant)'s action against the defendant B shall be dismissed.

(b).

Reasons

1. Basic facts

A. On December 29, 2010, the same construction was contracted by Seocho Development Co., Ltd. to construct officetels and neighborhood living facilities on the land of Seo-gu Incheon Seo-gu, Incheon, and entered into a construction subcontract with the Defendant Company on November 8, 201 with respect to the said construction (hereinafter “instant contract”).

Standard subcontract agreement of construction works.

2. The name of the prime contractor: The name of the subcontracted project for the construction of officetel and the construction of reinforced facilities: The name of the temporary and reinforced concrete construction project (hereinafter referred to as the “instant construction project”);

4. Period of construction: July 31, 2012 on the completion date of the extraction of aggregate on November 8, 2011:

5. Contract amount: 2,516,800,000 won: 11/1,000 of the contract amount per day; 1/1,000 of the contract amount per day; and

If it is deemed necessary to extend or reduce the construction period or to increase or decrease the contract price, it shall be determined in consultation with B.

(4) With respect to the volume of construction works additionally constructed by B under the direction of A, A shall not have increased from the project owner.

Even if it is paid to B, it shall be increased.

(5) B shall not demand any change in the contract amount or refuse construction, except for reasons for the adjustment of the contract amount provided for in Article 14 or 15, on the grounds that the contract term is not well-founded, dumping acceptance, etc. after the conclusion of the contract.

Article 20 (Payment of Price) (1) A shall pay a price to B by the due date set within a period not exceeding 60 days from the date of receiving the object.

(2) The subcontract price and the part that he/she executes when he/she receives the completion money from the project owner.

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