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(영문) 부산고등법원 2018.06.14 2017나50327
공사대금
Text

1. The part against the defendant among the judgment of the first instance against the plaintiff shall be revoked, and the part against the revocation shall be the plaintiff.

Reasons

. We examine both the main lawsuit and the independent party intervention.

1. A subcontract agreement for the basic construction works;

4. Period: Date of arrival and completion - August 15, 2013 - February 28, 2014.

5. Contract amount: The value of supply in the amount of one hundred and sixty million won per day (Won 760,550,000-): The amount of additional tax per day gold - the amount of additional tax: the amount of single gold - the amount of single gold -

6. Payment 1) Advance: 124,867,50 won (30% of the sales amount of the real estate paid in lieu) * Payment progress payment within seven days after the submission of an insurance policy for advance payment guarantee : Cash payment 25 days per month* Application for progress payment or payment after the inspection of completed amount:

7. Guarantee 1) Performance bond: Defect bond 10% of the contract amount : 76,05,000 won of the contract amount * Contract performance bond 2): 5% of the contract amount 5,027,500 won of the contract amount * Defect bond - 36 months from the date of passing the completion inspection - special agreement on the contract amount for late payment allowance 0.1% of the contract amount for late payment allowance :

1.This Agreement does not increase the cost of construction under a total contract, and “B (Plaintiff)” does not require any of the nominal incidental costs (such as household facilities, equipment, tools, small transportation, machinery, etc.).

When reducing at least 5% of the amount of construction works in accordance with a design modification, a settlement shall be made to the amount of reduced construction works, and no design change and settlement shall be made in accordance with price fluctuation.

2. “B” shall not interfere with the progress of the construction work in full view of all matters included in the construction permit terms, design drawings, specifications, structural calculations, general contract specifications, and special agreements, and shall not interfere with the progress of the construction work, and shall not carry out the construction work in full upon the occurrence of any problem arising from the failure to meet the requirements of the construction permit. There shall

Construction of an omitted part of the necessary part for use

4. At the time of the suspension of construction, “B” shall mean the immediate waiver of construction and shall also waive all relevant rights (including all construction costs costs and expenses) such as liens.

[Payment of Construction Costs related to Construction Costs] 34. G buildings (H) 102, 102, 302, 102, 303, 102, 303 are paid as substitutes, and 70% of the sale price is succeeded to loans.

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