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(영문) 춘천지방법원강릉지원 2019.12.03 2019나31679
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) On June 25, 2013, the Plaintiff submitted to the Defendant a written tender stating that urban gas pipeline works will be bided to KRW 99,00,000. (2) On July 23, 2013, the Plaintiff sent an answer to the Defendant on the following grounds: (a) on July 23, 2013, the Plaintiff sent an answer to the Defendant: (b) stating that “as regards the matters pertaining to the issue of the payment of facility contributions, 50% of the cost of each household’s facility contributions (class 4 standard) shall be subsidized for 9,000 won.”

B. 1) On September 11, 2013, the Plaintiff and the Defendant: (a) concluded a contract with the Plaintiff on the terms that the Defendant concluded that the Plaintiff will pay the Plaintiff the total construction cost of KRW 106,90,000 (including KRW 30,000,000 from the first 76,90,000; and (b) the first construction period from October 2, 2013 to November 17, 2013; (c) the supply of urban gas from the second construction period to the second construction period; (d) the remainder of the first construction cost at the time of completion of construction; and (e) the second construction cost at the time of completion of urban gas (hereinafter “instant contract”).

(2) The Plaintiff and the Defendant entered into the instant contract and the said contract.

-2) The Plaintiff and the Defendant have also inserted the response to the question and answer into the contract contents. Accordingly, with respect to the payment of facility contributions, the Plaintiff and the Defendant agreed that the Plaintiff shall support 50% of the facility contributions (class 4 base) for each household and bear the said amount on behalf of the Plaintiff (hereinafter “instant agreement”).

(c) The Defendant paid the Plaintiff KRW 76,90,000 on September 13, 2013, KRW 21,380,000 on December 11, 2013, KRW 10,000 on December 30, 2013, KRW 10,000 on December 30, 2013, and KRW 76,830,000 on January 27, 2014, the Defendant paid the Plaintiff a total of KRW 76,90,000 on the instant contract. D. Co., Ltd (hereinafter “C”).

On November 26, 2018, the applicant under Article 5(1) of the Urban Gas Supply Regulations, in order to bear part of the installation cost of the gas supply facilities as a result of the use of the gas supply facilities, shall pay the facility contributions within seven days after the supply contract.

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