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(영문) 대전지방법원공주지원 2016.12.01 2015가단21799
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 41,550,586 to the Plaintiff (Counterclaim Defendant) and its related amount from September 9, 2015 to December 1, 2016.

Reasons

1. Facts of recognition;

A. On February 21, 2015, the Plaintiff entered into a contract with the Defendant on April 9, 2015, with respect to the new construction of the multi-family house B on the ground (hereinafter “instant building”) in Chungcheongnam-gu Seoul Special Metropolitan City (hereinafter “instant construction”) (hereinafter “instant construction”) on April 21, 2015; the contract amount of July 31, 2015; the contract amount of 204,000,000 won (prepaid amount of KRW 61,20,000; the completed amount of 81,60,000,000 completed at the time of completion; and the completed amount of 61,20,000,000 won at the time of completion); the warranty bond rate of 3% (6,120,000 won); the warranty period of 2 years; and the annual interest rate of delay in payment (hereinafter “instant construction contract”); each general construction contract stipulated as follows (hereinafter “instant construction contract”).

Article 3 [Contract Documents] ① Contract Documents shall consist of contract documents for private construction works, general conditions of contract for private construction works, special conditions of contract for construction works, design documents and calculation sheets, and shall have the effect of mutual supplementation.

Article 9 [Construction Period] (3) Date of completion refers to the date on which the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.

However, it shall be limited to the cases of passing a completion inspection under Article 24.

Article 17 [Supplementary Works] (1) When there are parts inappropriate for the design plan during the construction works executed by the plaintiff, the defendant may request a correction thereof, and the plaintiff shall comply without delay.

(2) In cases falling under paragraph (1), when a construction work inappropriate for the design plan is due to a demand or instruction of the defendant or any other reason not attributable to the plaintiff, the plaintiff shall not be held liable.

Article 22 [Supplementary Amount] (1) If a contract specifies the completed portion, the plaintiff may request an inspection of the completed portion. In this case, the defendant shall conduct an inspection without delay and notify the plaintiff of the result thereof, and if no notification is made within 14 days, the inspection shall be deemed to have passed.

(3) The defendant shall have fourteen days from the date of completion of inspection.

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