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(영문) 대전지방법원 2014.09.18 2013가단215093
공사대금 등
Text

1. The plaintiff and the defendant are the defendant according to the subcontract agreement of construction works listed in the attached Table 1.

Reasons

1. Basic facts

A. On July 6, 2012, the Plaintiff agreed with the Defendant on the contract amount of KRW 409,000,000 (excluding value-added tax) and the construction period from July 6, 2012 to November 25, 2013 with respect to the unused construction among the “construction works for apartment B located in Guro-gu Seoul (hereinafter “instant construction”) that the Defendant was awarded a contract with the Defendant for the construction of Poco. The main contents are as follows.

Article 3 (Deposit for Contract)

A. The Plaintiff shall submit to the Defendant a guarantee issued by any of the following agencies prior to the conclusion of the contract bond as set out in the contract to guarantee the performance of the contract.

2. Certificates issued by guarantee insurance companies, the Credit Guarantee Fund, and other equivalent institutions;

B. The plaintiff A.

Pursuant to the provisions of paragraph (1), the securities for performing the contract shall be set at KRW 40,900,000, and the amount of security shall be paid accordingly.

Article 4 (Payment of Price)

(a) In principle, the settlement of quantities shall be made after completion of construction, and when there is any increase or decrease in quantities, the settlement shall be made without changing the unit price;

B. The above agreed amount is the amount determined by mutual consultation according to the result of sufficient review of the Defendant’s execution drawings, construction specifications, and special specifications, and the unit price determined by the time the participation in construction is completed, and there is no unit price increase.

C. The defendant shall pay the amount of progress payment every month as equal to the amount of the original office’s flag, and shall pay it within 15 days from the date of receipt of the original office’s flag.

In principle, the plaintiff shall pay to the defendant the details of payment and the materials of wage execution after paying the wage.

E. The Plaintiff shall be confirmed to submit to the Defendant a material input and transaction statement and a tax invoice.

Article 9 (Termination of Contracts)

A. In the event that the plaintiff violates this Agreement, delays or suspends it without any justifiable reason during the course of construction, or the plaintiff interferes with the air due to enormous impediment to the mobilization of human resources and quality, the defendant may terminate this Agreement, and the contract shall be terminated.

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