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(영문) 대전고등법원 2016.10.19 2016나11682
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On May 20, 2013, 201, Gyeongyang-si, the Ministry of Land, Infrastructure and Transport (hereinafter “Defendant Company”) contracted construction works by alternative bypass to the national land management agency, which was ordered by the Ministry of Land, Infrastructure and Transport (hereinafter “Defendant Company”) subcontracted construction works by alternative by alternative to the national land to the Plaintiff at KRW 7,392,00,000 among the said construction works (hereinafter “instant construction works”).

(2) On the other hand, the Plaintiff and the Defendant Company changed the said contract amount to KRW 8,045,00,000 on April 28, 2015.

Article 20 (Payment of Price) (1) A shall pay the price to B by the due date determined within a period not exceeding 60 days from the date of the object.

(2) A shall pay the subcontract price if he/she receives the completion money from the ordering person, and the amount equivalent to the portion executed by B if he/she receives the completion money, to B within fifteen days (the due date if the due date for the payment comes before it), from the date of such receipt.

(3) Where a contract is awarded by an institution to which the Act on Contracts to which the State is a Party or the Act on Contracts to which a Local Government is a Party, the progress payment shall be paid once a month, notwithstanding paragraph (2) above.

Provided, That this shall not apply where there is no completed portion or where there is any justifiable reason that the ordering person is unable to pay the progress payment, such as failure to pay the progress payment, even though the ordering person requested the progress payment.

(4) Where Party A pays a price as a bill, the bill shall be discountable at the financial institutions established under the legal provisions, and the discount charge for the period from the delivery date of the bill to the due date of the bill shall be paid to Party A on the day when the bill is issued.

However, it receives the completion money or progress payment from the ordering person 60 days from the date of receipt of the object.

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