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(영문) 대구지방법원김천지원 2015.11.06 2012가합2197
공사대금
Text

1. The Defendant’s KRW 1,064,496,44 and KRW 1,023,58,242 among the Plaintiff’s KRW 1,023,58,242 from April 30, 2012 to November 6, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a construction company aimed at general construction business, etc., and the Defendant is a medical corporation for the purpose of establishing and operating a medical institution, and operates Kimcheon-si Hospital located in Kimcheon-si.

Standard contract for private construction works (Evidence A, hereinafter referred to as the “instant contract for construction works”).

1. Name of the construction: Extension and substantial repair of Kimcheon-Type Hospital;

2. Construction place: 462-14, and 12 parcels, Dong-dong, Kimcheon-si;

3. Date of commencement: The scheduled date of completion on December 4, 2010: January 31, 2012: 12,800,000,000 won (including VAT).

6. Contract deposit: 2,560,000,000 won (20%).

7. A completed amount: At least once a month (payment of 60% of the completed amount).

8. Amount of completion: 20% (within 20 days from the date of completion of inspection for use);

9. Scope of the construction works: The rate of delay interest for delay on December 1, 190 for construction works, machinery and equipment works, electrical construction works and appurtenant works: 1/100: Article 9 of the General Conditions of Contract for Private Construction Works (hereinafter “General Conditions of Contract for Construction Works in this case”) [2] Where it is impossible to start the construction on the date of commencement of construction works without any cause attributable to B (Plaintiff), the date of taking over the site of B shall be the date of commencement, and in this case, the period may be requested to extend the construction period.

(3) The completion date means the date when Eul completes the construction work and a written request for a completion inspection is made to Gap.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

(4) The construction period shall be from December 1, 2010 to January 31, 2012.

Provided, That the first and second levels of hospitals shall complete the matters specified in the design documents so that they may operate the hospital by May 15, 201.

Article 16 (Extension of Construction Period) (1) Where the execution of construction is delayed due to a cause not attributable to B, such as a natural disaster or force majeure, situation of force majeure, imbalance in the supply and demand of raw materials, etc., for which Party A is responsible, it may request Party A to extend the construction period in writing.

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