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(영문) 서울고등법원 2016.05.13 2015나2045466
공사대금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 305,450,000 as well as to the plaintiff on November 2013.

Reasons

1. Basic facts

A. 1) Central Construction Co., Ltd. (hereinafter “Central Construction”) between the Central Construction Co., Ltd. and the Defendant

(C) On April 2, 2012, the Defendant: (a) Kimpo-si, Kimpo-si, and one parcel D (hereinafter “instant building”).

) A newly constructed construction was awarded a contract with the construction cost of KRW 7 billion (including value-added tax), the construction period from April 10, 2012 to January 13, 2013, one month of the completed payment, one month of the delayed payment rate of KRW 0.01, and seven percent of the delayed interest rate (hereinafter “instant prime contract”).

(1) The main contents of a contract are as follows. Article 22(1) of the Act provides that “A” may request an inspection of the completed portion of the contract, and in this case, “A” shall conduct an inspection without delay and notify the results thereof to “B” and if no notification is made within 14 days, the inspection shall be deemed passed. (3) The provisions of Article 25(3) shall apply mutatis mutandis to a delay in the payment of the completed portion under paragraph (3) of the same Article.

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