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(영문) 부산지방법원 2018.10.10 2017가합41784
공사대금
Text

1. The Defendant’s KRW 1,595,177,00 for the Plaintiff and 6% per annum from January 8, 2017 to October 10, 2018.

Reasons

1. Basic facts

A. On January 27, 2015, the parties to a contract and the Plaintiff entered into a contract for a new construction project (hereinafter referred to as “instant construction project”) with the Defendant, a company aimed at the construction project, etc., under which the construction project is conducted by setting the construction period from February 23, 2015 to July 22, 2016 as the construction cost, KRW 9.9 billion, contract price, KRW 10% of the contract bond, and KRW 3% of the security deposit for repairing defects (hereinafter referred to as “instant contract”).

B. On March 23, 2015, the Plaintiff and the Defendant modified Articles 18 and 19 of the Special Conditions of the instant contract regarding claims for payment for completed portion and payment of the instant construction works, respectively, as indicated in the table below. On March 23, 2015, a claim for payment for completed portion as of March 23, 2015 under the Special Conditions of the instant contract for the Construction Works amended as of March 23, 2015, a claim for payment for completed portion is calculated at the rate of construction progress as of two months and is filed with the approving agency for the loan (E bank). The claim for payment for completed portion is filed with the approving agency for the loan (E bank) by calculating the progress payment according to the construction progress rate, and the first claim for payment for completed portion shall be filed on March 31, 2015 and shall be issued on the last day of every two months as of March 31, 2015

(2) The payment of the progress payment on July 19, 201 shall be made to the designated account within 14 days from the date of the claim, except in extenuating circumstances. However, the completion payment shall be made within 45 days from the date of completion. The payment of the completion payment on July 19, 201 shall be made on the basis of the date of the request for the completion (Provided, That the payment of the completion payment on July 18, 201 shall be made within 45 days from the date of completion; 2) the Plaintiff and the Defendant shall change the construction period on July 18, 2016 from February 23, 2015 to November 15, 2016, and the period of construction under subparagraph 27 of the Special Conditions of the instant contract shall be “(i)”.

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