logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.18 2014가합60090
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 5,445,258 to the Plaintiff (Counterclaim Defendant) and its related amount from September 24, 2014 to June 18, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 17, 201, the Defendant: (a) with respect to an apartment complex A6 apartment complex B in Seocheon-gu, Seocheon-gu (hereinafter “instant apartment complex”); (b) with respect to the construction cost of “405,00,000,000 construction cost (including value-added tax) and the construction period from May 17, 201 to May 201, 201 with respect to the apartment complex B (hereinafter “instant apartment complex”).

7. As of 31. As of the end, the scope of the construction project shall be determined by the specifications attached thereto, and the contract was concluded between the Plaintiff and the contractor for the said construction project (hereinafter “instant contract”).

B. The specifications attached to the instant contract and the instant contract (hereinafter “the specifications”) are as follows.

Article 5 (Method of Payment of Construction Price)

1. Advance payment: Payment of 20% of the contract amount within seven days;

(after submitting a contract performance bond)

2. The first intermediate payment: Payment by 30% at the time of the completion of waterproof work on outer walls, cracks and pets;

3. Secondary intermediate payments: Payment by 30% after completion of the re-head or specialized Do road works;

4. The third balance: The payment of 20% after the completion of construction works by private persons and completion of approval to change the name of modern brand (Provided, That in principle, payment shall be made after the submission of defect performance guarantee bonds) under Article 9 (Compensation for Delay in Execution of Construction).

1. If it is impossible for the plaintiff to complete construction works within the term of the contract, he/she shall not raise an objection against the delayed compensation equivalent to 1/1000 of the contract amount under Article 4 for each one of such days of delay, even though he/she has paid in cash or deducted the contract amount;

2. The foregoing shall not apply where Gap grants permission for postponement due to mutual agreement between the defendant and Eul, or due to natural disasters or by the delay in Macheon-si;

Article 10 (Termination of Contracts)

1. Where a Party A ceases or delays construction works without good cause after commencement of the construction works of Party B, the contract may be terminated at will as Party A does;

1. Any person without good cause.

arrow