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(영문) 광주고등법원 2018.03.30 2017나10489
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On November 13, 2012, the Plaintiff entered into a construction contract with the Defendant on November 13, 2012, concluded a contract with the construction cost fixed from 5,104,00,000, and from 1, December 2012 to 30, 2013, the construction period was extended by January 31, 2014, and the re-construction period was extended by January 2014 to April 30, 2014.

(hereinafter referred to as the “instant contract”). B.

The main contents of the instant contract are as follows.

【Standard Contract for Private Construction Works】 (Amendment)

3. Date of commencement: The date scheduled for completion on December 4, 2012: April 30, 2014 (the period before alteration: December 1, 2012 to January 31, 2014);

5. Contract amount: Value-added tax of 4,640,000,000 won: 464,000,000 won;

7. Advance payment: Marking under Article 11 on the special agreement.

8. Amount completed: 11. A mark 11 of the special agreement: 0.1% (Matters under special agreement) of the amount for delay.

1. The Plaintiff shall execute the construction on the basis of the content of the permit drawings and estimates.

5. The Plaintiff shall assist and cooperate with respect to the construction work of the contracting work ordered directly by the Defendant (such as heating, cooling, interior, broadcasting, and special lighting).

6. The floor bed and constructed by the Plaintiff, marked on the design drawing as a interior project.

7. The interior works shall be executed directly by the Defendant, and the parts that overlap with the Plaintiff’s interior works during the construction shall be settled after consultation with the ordering authority and the parts included in the Plaintiff’s specifications.

11.The timing for the payment of a lump sum shall be:

765,600,000 won 765,60,600,000 won 765,60,000 won 765,60,000 won 3rd floor concrete molding after installing 3rd floor concrete molding after installing 4 outside molding 5,10,000 won 5,00 won 5,00 won 765,60,600 won 5,00 won 5,00 after dismantling 765,60,60,000 won 5,00 won.

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