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(영문) 의정부지방법원고양지원 2016.02.05 2015가합70921
양수금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates a wood manufacturing business and sales business, and the Defendant is a corporation that operates a housing construction business and sales business.

B. The Defendant is an executor of each joint housing construction project in a district A 51,52 block and B zone A3 block (hereinafter referred to as “A zone” and “B zone”). On December 2, 2013, the construction work of interior 51 block in a district A zone A, and the construction work of interior 51 block in a zone B zone B on April 2, 2014 (hereinafter referred to as “each of the instant subcontract”).

The main contents of each subcontract of this case are as follows.

(A)

1. The project owner: A district 51,52 block;

2. The name of subcontracted project: 51 block wooden project;

4. Period of a contract for a construction project: The contract amount: 2,934,801,90 won on August 31, 2015, as of December 2, 2013, when the construction project commences;

(a) Value of supply: Labor cost under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry of 979,169,200 won, among the value of supply of 2,93,827,420 won;

(b) Value-added tax: 974,480 won;

8. Contract bond: 293,480,190 won; 10. Liability period: Three years after completion (B district);

1. The project owner: A district A3 block;

2. The name of the subcontracted project: Domestic wooden project;

4. Period of a construction contract: Contract amount on May 31, 2015, the date of completion of April 2, 2014,: 3,660,000,000 won (the change to KRW 3,660,000,000 on May 12, 2014);

(a) The value of supply: Labor cost out of the value of supply 3,659,342,779 won (the change of the value to 3,636,472,124 won on May 12, 2014): Labor cost under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry of 979,169,200 won;

(b) Value-added tax: 657,221 won (the change of KRW 652,876 on May 12, 2014);

8. Contract bond: 366,00,000 won; Liability period for warranty: Common details of each of the subcontract in this case for five years after completion;

9. The rate of warranty bond: 10% of the contract amount; 11. The rate of liquidated damages: The general terms and conditions of the subcontract of construction works, which are part of the subcontract of this case, shall be 0.3% of the contract amount per day immediately: Provided, That the zone B shall be

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