logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.06.18 2012가합6434
공사대금
Text

1. On January 9, 2013, the Plaintiff (Counterclaim Defendant) paid KRW 720,073,90 to the Defendant (Counterclaim Plaintiff) and KRW 156,383,060 among them.

Reasons

1. Basic facts

A. On December 30, 2008, the Defendant, the Dong-gu Construction Industry Co., Ltd. (hereinafter “Dong-gu Construction Industry”), the Geum-gu Construction Industry Co., Ltd. (hereinafter “Yyoung Construction Co., Ltd.”), and the Sejong Comprehensive Construction Co., Ltd. (hereinafter “Syoung Comprehensive Construction Co., Ltd”) jointly concluded a contract for construction works with the fixed contract amount of KRW 14,884,102,00,00 for the amount of “the construction works to be established as roads connected to Goyang-si Central Co., Ltd.” and thereafter, the Defendant, Dong-gu Construction Industry, and gold-gu Co., Ltd. agreed to designate the Defendant as the representative of the joint supply and demand company.

B. On April 2, 2010, the Plaintiff entered into a subcontract (hereinafter “instant construction contract”) with the Defendant to perform reinforced concrete construction works among the construction works to be built on a road connected to the central or household zone in the above Goyang-si (hereinafter “instant construction works”; and the said subcontract was entered into on October 15, 2010, which included the following (hereinafter “instant construction contract”).

Article 7 (Performance of Contracts and Guarantee of Payment for Construction Costs)

1. The defendant and the plaintiff shall mutually guarantee the performance of the contract and the payment of the construction cost in any of the following manners:

Provided, That where the payment guarantee of subcontract consideration is exempted pursuant to the Framework Act on the Construction Industry or the Fair Transactions in Subcontracting Act, it may not be mutually guaranteed.

(1) Contract performance guarantee equivalent to 10% of the contract amount to the Defendant (2) The Defendant shall pay the Plaintiff the following amount as the payment guarantee for the contract price:

(a) Where the construction period is not more than four months, the amount obtained by subtracting any advance payment under the contract from the contract amount;

(b) Where the construction period exceeds four months and the cycle of payment for completed portion is within two months, the amount obtained by multiplying the total construction period by four months;

(c) Payment for completed portion in a case where the construction period exceeds four months;

arrow