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(영문) 인천지방법원 2016.11.08 2015가합577
공사대금
Text

1. The Defendant’s KRW 54,723,570 for the Plaintiff and KRW 5% per annum from February 3, 2015 to November 8, 2016.

Reasons

1. Basic facts

A. On July 28, 2014, the Plaintiff entered into a contract with the Defendant for remodeling construction works (hereinafter “instant construction works”) of Council members and facilities for the elderly and children (hereinafter “instant building”) located in Seo-gu Incheon, Incheon (hereinafter “instant building”) at the cost of construction KRW 620,00,000 (excluding value-added tax) (hereinafter “instant construction contract”). The main contents of the instant construction contract are as follows.

Article 4 The construction period shall be 65 days from the date of the contract.

(from July 28, 2014 to September 30, 2014): Provided, That the construction period may be changed under mutual agreement between the plaintiff and the defendant in any of the following cases:

1. When a natural disaster or any other similar cause occurs;

2. When the defendant's plan is amended or related Acts and subordinate statutes are amended.

3. A ten-day period of construction may be added for minor defective construction works.

Article 6. Amendment of the relevant laws and regulations or the amount in excess of the amount due to the correction or re-construction due to the defendant's modification of the design during the course of the construction works shall be paid additionally to the plaintiff.

Article 7 The plaintiff shall proceed with construction work according to the design drawing and the estimate prepared by the plaintiff, and the plaintiff shall resolve the problem in the course of construction work without delay when the error in design occurs.

Article 10 The completion of the construction works shall be fully examined and confirmed by the defendant, and if there is a defect, the construction works shall be executed with the order of correction to the plaintiff before the commencement of the construction works, and when the plaintiff and the defendant conduct the construction works with the agreement, they shall be

A contractor who has delayed the performance of a contract without justifiable grounds under Article 14 shall pay a penalty for delay.

Penalty for delay = Contract amount of penalty for delay ¡¿ (1/100) ¡¿ Contract amount of penalty for delay ¡¿ 3 days after the contract is concluded under Article 15 on the date of delay.

Article 16. The progress of construction works shall be carried out smoothly for each major process under the schedule of the scheduled process, and a prior report shall be made, attaching photographs of the construction works (as approximately 15 days).

B. The Plaintiff and the Defendant on July 28, 2014.

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