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(영문) 광주지방법원 2019.04.26 2018나51835
공사대금
Text

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

The defendant, (1) 51,053,923 won, and the defendant's payment thereof on 2016.

Reasons

1. Basic facts

A. On October 30, 2015, the Plaintiff entered into a contract with the Defendant for the supply of and demand for the contract amount of KRW 3 billion (excluding value-added tax) and the construction period from October 24, 2015 to April 30, 2016 (hereinafter “instant contract”).

B. On April 30, 2016, the Plaintiff and the Defendant extended the construction period of this case by May 31, 2016, and extended again on May 31, 2016 by June 30, 2016.

2.(a)

The current completion amount of KRW 300 million remains, and the above completion amount of KRW 300 million shall be paid within seven days from the date of completion of the pre-use inspection and delivery of the defective performance bond.

(b) the construction site is responsible and the construction is responsible to ensure that the legal aspects of the construction site are not neglected;

방천은 사전적으로'둑을 쌓거나 나무를 심어서 냇물이 넘쳐 들어오는 것을 막는다는 뜻이므로, 이는 이 사건 공사현장 법면이 유실되지 않도록 원고가 책임지고 방천공사를 한다는 의미로 보인다. .

C. In relation to the portion of the allocation channel during the instant construction, the recipient shall be responsible and supplemented before completion of the pre-use inspection, and any defects after completion of the pre-use inspection shall be liable to the dispute resolution committeeB.

3. With respect to the new construction of an annex building (three meters x four meters x building or water supply), 22.5 million won shall be paid after the completion of the pre-use inspection for the construction work for the building, as well as the completion of a waterway appurtenant building within 15 days after the completion of other construction and the completion of civil engineering, and at the same time 22.5 million won shall be paid;

C. On July 1, 2016, the Plaintiff and the Defendant extended the construction period of the instant construction to July 20, 2016, and the major contents as follows:

It is called "the modification contract of this case"(hereinafter referred to as "the modification contract of this case").

(D) On July 22, 2016, the Plaintiff issued a warranty bond to the Defendant, and completed the pre-use inspection on July 26, 2016.

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