(영문) 수원지방법원여주지원 2017.06.01 2015가단22849

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(영문) 수원지방법원여주지원 2017.06.01 2015가단22849

공사대금지급

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 12, 2013, the Plaintiff entered into a contract with the Defendant on August 12, 2013 on the installation of livestock excreta joint resource-generating projects (hereinafter “instant construction”) that received from the National Treasury subsidy from Yangsan-si (70% of the national subsidy, and 30% of the national subsidy), with the terms that the Plaintiff would receive a package contract for the design and construction work from the Defendant (hereinafter “instant contract”).

On June 14, 2014, the instant contract was amended by the following: (a) the price was increased to KRW 2.788,399,000; and (b) the completion was extended on July 31, 2014.

At the time of the instant contract, the following agreements were concluded: “The construction cost shall be paid on a fixed basis, and the amount equivalent to 10% out of the contract amount (price) shall be 5% after the completion of the instant contract, and the normal operation (in excess of 90% of the facility capacity) shall be confirmed for one month after the completion of the one-month examination, and the remainder shall be paid 5%.”

B. On August 4, 2014, the Plaintiff received a certificate of completion inspection on the instant construction from the Yangsan market. On August 22, 2014, the Plaintiff was found to have been found to have failed to detect the germs and the stolle with respect to the samples of livestock excreta raw material processing at facilities.

However, from August 7, 2014 to July 15, 2015, the part of the Plaintiff’s house was found to be “nort” or “nort,” as a result of the inspection, that the concentration of Maternic acid was not less than 30 pmpm as to liquid manure (e.g., liquid fertilizer) caused by livestock excreta generated from livestock excreta, which was constructed by the Plaintiff pursuant to the instant contract (hereinafter “instant facility”).

C. Articles 3 and 16 of the Standard Contract Terms incorporated into the instant contract (hereinafter “instant Standard Contract Terms”) and Article 5 of the Special Conditions (hereinafter “instant Special Conditions”) are as follows.

【Standard Contract Terms” in Article 3 (Person A) of the Act refers to “B (Plaintiff)”.

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