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(영문) 서울중앙지방법원 2015.12.11 2014가합25073
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) KRW 747,578,881 and among them, KRW 167,740,000 are the same as the Plaintiff.

Reasons

In order to guarantee the repair of defects of a construction project, the Plaintiff shall pay to the Defendants the amount calculated by multiplying the contract price by the rate of the warranty bond based on the contract for the repair of defects (hereinafter “guarantee bond for the repair of defects”) as cash or a letter of guarantee issued by the guarantee agency under each subparagraph of Article 4(2) until the payment for the construction is made after the completion inspection.

Matters of special agreement

2. Payment period (total amount: 70 million won: The payment period for the second progress payment: 100,000,000 won after the completion of the structural frame of the fourth floor (in October), after the seal of the contract: The payment period for the fourth progress payment of KRW 50,000 (in November), after the completion of the structural frame of the fourth floor and the second progress payment of KRW 100,000: The payment period for the fourth progress payment of KRW 50,00,000 (in December): The payment period for the fourth progress payment after the completion of the structural frame of the fourth floor and the attachment of windows (in December): The remainder payment of KRW 50,00,000 (in January): The payment period for the remaining five months after the completion of the horizontal construction and the payment period for the entire portion of KRW 50,000,000 (in February 6): The payment period from the completion of the remaining construction to the extent of KRW 50,000, KRW 200 (in case of February 1); and

5. The acquisition of an object of construction works shall be transferred to the project owner after obtaining approval for the use of the Gu office without delay after the completion inspection itself is completed;

Provided, That the subject matter of the construction project owned by the owner shall not be subject to civil or criminal objection even if the plaintiff disposes of the construction cost voluntarily and appropriated it to the construction cost, and the subject matter of the construction project shall not be subject to the special agreement for the payment of the construction cost under paragraph (2).

7. The surtax shall be separately imposed;

9. The finishing construction costs after completion inspections on the second and third floors shall be separately conducted;

10. All construction costs to be incurred after completion shall be separately claimed.

1) The Defendants are J Co., Ltd. (hereinafter “J”) around June 2012.

In this case, the implementation agreement was concluded with regard to the instant project.

In addition, the Defendants are J on August 20, 2012.

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