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(영문) 대전지방법원 2017.10.26 2016나113014
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

Basic Facts

On October 13, 2014, the Defendant, a representative director of the Daejeon District Court, was appointed as a custodian, upon receipt of a decision to commence rehabilitation procedures ( Daejeon District Court 2014 Gohap5014) from Daejeon District Court on October 13, 2014, for the manufacture and sale of concrete products, construction business, housing business, etc. between the Plaintiff and the Defendant.

On October 19, 2014, the Plaintiff entered into a contract with the Defendant, who is the manager of B, for the construction of D-ground row housing (hereinafter “instant tenement housing construction”) with the name of the contracting party B and entered into a construction contract for the construction of metal and related appurtenant works (hereinafter “instant construction”), including the installation of the passenger voting system, the installation of stairs, etc. (hereinafter “instant apartment housing construction”) with respect to the construction cost of KRW 135,00,000,00 and the construction period from October 19, 2014 to November 30, 2014, and entered into the construction contract (hereinafter “instant construction contract”).

Article 2 (Contents of Facility Construction) The Plaintiff shall perform the following facility construction works for the building B, and shall attach separate relevant drawings and specifications to the end of this Agreement, if necessary:

1. All facilities related to the majority voting (the windows of wards, protections, and other matters);

2. All metal works, including stairs, railing, roof railing and railing;

3. All the appurtenant construction works. Article 3 (Construction Work Period)

1. From October 19, 2014 to November 30, 2014;

2. At the expiration of the period as referred to in paragraph (1), repayment equivalent to 1/100 of the down payment shall take place every day from the following day to the completion thereof.

Provided, That this provision shall not apply to the period specified by the written approval of B.

Article 4 (Total Construction Amount): 135,000,000 won: 1) Contract deposit: Payment for the materials at the time of the total voting ( approximately KRW 65,00,000): Any balance of 3 balance under settlement conditions after the completion of the installation of the total voting frame: 40,000,000 won shall be paid after the settlement of material prices after the completion of construction.

The progress and discontinuance of construction works under the instant construction contract.

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