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(영문) 서울고등법원 2017.11.21 2017나2044344
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Defendant were a company established for the purpose of construction business, etc., and the Defendant is a company established for the purpose of manufacturing the steel non-ferrous structure. 2) On April 3, 2015, the Plaintiff, the representative director of the Defendant J, supplied the construction work that newly constructs ten factories on the land outside K and 13 (hereinafter “instant construction work”) from the Defendant around 2.95 billion won for the construction work price (excluding value added tax).

The main contents of the contract on the instant construction project are as follows.

(hereinafter referred to as “instant contract”). The construction site for the new construction of a factory in Category B: The construction site for the construction project for the construction project for the construction project for the construction project for the construction project for the construction project for the construction project for the construction project for the construction project: The contract price on April 30, 2015: 3% of the warranty bond rate for the construction project for the construction project for the construction project for the construction project for the construction project for the construction project for the construction project for the construction project: 0.01% of the warranty bond rate for the construction project for the defect period for the construction project for the construction project for the construction project for the construction project for the construction project of the construction project for the construction project for the construction project: the completion date of the construction project for the construction project except for Section 1 for the construction project for the construction project for the construction project for the construction project for the construction project of the construction project for the construction project for the construction project: 1:5.3% of the construction project for the construction project:

Added: Article 4 (Contract Deposit) of the General Conditions of the Contract for Private Construction Works. (2) A contract bond under paragraph (1) may be paid in a letter of guarantee issued by any of the following institutions:

1. Certificates issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry; and

2. A letter of guarantee issued by a guarantee insurance company, the Credit Guarantee Fund, or equivalent institution;

3. Payment guarantee or certificate of deposit by financial institutions;

4. Article 31 (Security) (1) (B) of the State bonds or local bonds shall pay to A (Defendant) the amount calculated by multiplying the contract amount by the warranty bond rate as stipulated in the contract for the repair of defects in order to guarantee the repair of defects in the construction (hereinafter referred to as "guarantee bond") by the contract amount, after completion inspection, until the price for the construction is paid in cash or a letter of guarantee issued by the guarantee agency as referred to in the subparagraphs of

B. Progress of the instant construction project

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