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(영문) 전주지방법원 2021.01.21 2019가합2123
공사대금
Text

The defendant shall pay to the plaintiff KRW 700,000,000 as well as 5% per annum from November 27, 2018 to January 21, 2021.

Reasons

1. Facts of recognition;

A. On May 17, 2016, the Plaintiff entered into a contract with the Defendant for a construction project (hereinafter “former contract”) under which the Plaintiff would be awarded a contract with the Defendant for a new construction project (hereinafter “new construction project”) of the two units of ground manufacturing facility C (hereinafter “instant factories”). The main contents of the contract, general terms and conditions (hereinafter “instant general terms and conditions”) and special terms and conditions (hereinafter “instant special terms and conditions”) are as follows.

Standard subcontract Agreement for Construction Works

2. Name of a contracting project: A project for constructing traditional food manufacturing facilities;

3. The construction site: The area of construction work in North Korea-gun C.

4. Date the construction period commences: September 17, 2016.

5. Contract amount: The value-added tax of KRW 1,40,000,000 won per day (Won 1,400,960,000): The value-added tax of KRW 1,273,60,000 per day (Won 1,273,600,000): the primary contract amount of KRW 127,360,000 per day (Won 127,360,000): The secondary contract amount of KRW 1,20,000 per day (Won 1,200,000,000 won): The daily contract amount of KRW 1,00,000 per day appears to be a clerical error in the definitions of KRW 1,00,000 per day; and

(Won 200,960,000)

6. Payment of the price;

(a) No advance payment (or payment);

(b) Amount completed: Method of payment once a month and at the end of a month (payment at the rate of the end of a month): 100% in cash; and

C. Price adjustment and payment due to any change in the design, the change in the economic situation, etc. : 11. Reference to the clause of the special engineer: 0.1% of the contract amount (per day), the parties to the contract shall enter into this construction subcontract contract and prepare two copies of the contract amount, respectively, in accordance with the terms and conditions of the subcontract for the additional construction project, the description of the site, the design plan, specifications, etc.

On May 17, 2016, the address of the ordering person: The name of the agricultural company (Defendant) representative in Jinan-gun, Jinan-gun: The address of the subcontractor: The name of the subcontractor of D (Signature omitted): The name of the Ethi-gu, Busan-si: G (Signature omitted): Article 11 (Advance payment) of the general terms and conditions of the standard contract for private construction contract.

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