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(영문) 대전고등법원 2018.06.20 2018나11242
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant’s KRW 92,546,603 and its interest on October 8, 2015 to the Plaintiff.

Reasons

(c) shall be.

4. Period of construction: The contract amount on June 30, 2013 after completion of July 12, 2012, 2013: Value-added tax of KRW 2.42 billion: Value-added tax of KRW 2.0 billion: KRW 22 billion;

9. Warranty bond rate: 3%, 10. 2 years: site descriptions (No. 3; hereinafter referred to as "site descriptions of this case") prepared in relation to the subcontract of this case.

) The following are included in the site descriptions. 4. .. Defect warranty bond: 3% performance guarantee bond of the completed amount (including V.A.T.). Contract terms: the contract terms of us, the site descriptions and the special terms and conditions under the site descriptions; 45-day cash payment (Won 450,000,000) and the settlement of the accounts (10%) of the three households (Won 450,00,000) of the Gantel, the remaining period after the completion of the construction and the settlement (10%) are to be paid on the payment date after the submission of the defective performance guarantee certificate.

8. The amount of increase in the construction cost following design change shall be applied only where the total construction cost is at least five per cent;

2. Ten percent of the contract amount shall be paid in cash or by the following certificate, after completion of the construction site and completion of the construction (in the event of a defect submission). (1) The plaintiff shall pay to the defendant the amount calculated by multiplying the contract amount by the rate of the warranty bond specified in the subcontract of this case (hereinafter referred to as the "guarantee bond") by the contract amount for the warranty bond specified in the subcontract of this case (hereinafter referred to as the "guarantee bond") after completion inspection:

Provided, That this shall not apply where the payment of security deposit is not required due to the nature of the construction project.

1. Above

6. (Omission) (2) The plaintiff shall repair any defects caused by the plaintiff during the defect repair obligation period prescribed in the contract of this case from the date of completion of the completion inspection.

(3) If the plaintiff is requested by the defendant for the repair of defects during the period of defect liability under paragraph (2), and fails to comply therewith, the defect repair bond under paragraph (1) shall revert

(4) Paragraph (1).

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