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(영문) 수원지방법원 2017.07.21 2016가합71207
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 449,564,59 to the Plaintiff (Counterclaim Defendant) and its related amount from July 20, 2015 to July 21, 2017.

Reasons

1. Basic facts

A. On September 30, 2014, the Defendant concluded a contract under the following terms with the Plaintiff: (a) the construction of a new logistics center on the ground of the wife population C (hereinafter “instant construction”) at the time of permitting the Plaintiff; and (b) on September 30, 2014, the Defendant concluded

(hereinafter “instant contract”). 1. The name of the Corporation: New Construction Corporation of the B Distribution Center

2. Construction site: The wife population C in Gyeonggi-do;

3. Date of commencement: October 1, 2014.

4. Date scheduled for completion: February 28, 2015 (150 days from the commencement date of works).

5. Contract amount: 3,000,000,000 won per day (per day); and

6. Contract bond: To substitute the amount of 300,000,000 won (10% of the construction amount) with a personal guarantee for the representative director A (10% of the construction amount);

7. Advance payment: 300,000,000 won per day (payment within 15 days after conclusion of a contract).

8. A completed amount: A payment shall be made on the 30th day of each month, and the last balance shall be paid within 30 days after completion of the five-time period.

9. Warranty liability period: The rate of warranty bond for delay: 3% of the contract amount; 11% of the contract amount; and 3% of the contract amount; where there is any disagreement in interpretation between contract documents not exceeding 1/1000 per day, the standards for interpretation of the intentions of the parties shall be set preferentially in the order of special conditions of the contract for the construction project, general conditions of the contract, design documents, calculation sheet of construction cost, personnel input plan, and schedule of expected progress.

【Special Conditions for Construction Contract】

3. The date of completion of the construction work, that is, the date of completion of the construction work, means the date on which the certificate of acceptance is issued in accordance with paragraph 2 of this special conditions.

11. All changes, including changes to the content of the construction work mentioned in the preceding paragraph, shall be required in writing A.

Written summary of Cheong or Eul

Additional construction costs based on the design change without the written approval of Gap or the construction supervisor shall not be recognized only when the written approval of Gap is granted by the agency.

[General Conditions of Contract] Article 22 (Adjustment of Contract Amount due to Modification of Design) (1) The condition of the construction site.

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