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(영문) 대전지방법원 2016.06.09 2013가합5071
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 50 million to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from July 1, 201 to February 4, 2013.

Reasons

. Facts recognized.

A. The Plaintiff is a corporation with the purpose of manufacturing industrial machinery, manufacturing steel structure, etc., and the Defendant is a construction waste interim disposal business, recycling aggregates, sand and banking, molding, soil, reproduction, waste asphalt container temperature, heating recycling business, and asphalt manufacturing business.

Article 1. Construction Contract Contents ASPHLT MIX MYG PLT and RECLING ASCON - The total construction cost of Article II attached to estimates and specifications 1,200,00,000) - The payment method of cash price under Article 3 of VAT - the down payment method * the down payment (30%): The daily 360,000,000,000 (Won 360,000,000%) at the time of the contract * the intermediate payment (30%) at the time of the contract : the daily 360,000,000 (Won 360,000,000): at the time of arrival of the product 80% or more: the intermediate payment (30%) at the time of completion of construction : the total 300,000,000 won (Won 360,000,000) after completion of construction :100,000,0000.

JBRP-60T shall be completed by April 20, 201.

(Provided, That products to be used for inspection of construction materials in Article 6, except for delay due to a natural disaster or delay due to a problem other than the construction parts of the plaintiff, B (Plaintiff) shall be consistent with the design.

In addition, KS products, "goods" shall be marked products, and if not, they shall be used as the highest among the manufactured goods.

Article 10. A (Plaintiff) shall perform the defect in the construction of B (Plaintiff) for a period of 24 months after the completion of the operation of the construction work, and shall submit 10% of the construction amount (Won 1,150,000,000) for the defective construction as a defect insurance security.

10% of the construction amount (Won 50,000,000) for MIX shall be submitted as defect insurance securities for five years.

* Excluded from the performance of defects

1. Failure due to a natural disaster;

2. Disorders due to expendable parts;

3. Disorder due to negligence in use.

4. Change of structure, etc. without obtaining approval from the Plaintiff.

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