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(영문) 수원지방법원 2015.09.17 2015가합61937
공사대금
Text

1. As to KRW 176,061,644 and KRW 166,50,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from May 14, 2014 to January 2, 2015.

Reasons

1. Basic facts

A. On September 14, 2012, the Plaintiff concluded a construction contract with the Defendant for construction cost of KRW 4.51,000 (including value-added tax), interest rate of KRW 12% per annum, interest rate of delay delay, KRW 1/1000, and interest rate of delay delay, September 31, 2012, and the date of commencement of the construction work, which is determined as of January 31, 2013 as of the date of completion of the completion of the construction work, to newly construct the Doschine coal plant (hereinafter “instant building”) on the Doschine-5, Daschine (hereinafter “instant construction project”); and the said construction contract was referred to as “instant construction contract”).

B. On May 25, 2013, the Plaintiff and the Defendant concluded a contract for modification of the construction contract (hereinafter “instant modification contract”) with the delayed completion date of the completion date of the construction project on March 7, 2013 and the construction cost of KRW 4.95 billion (payment of KRW 1 billion out of the remaining amount within six months as of the date on which the warranty insurance policy was submitted) and the delayed payment rate of the construction cost was changed to 10%, which includes the following (hereinafter “instant modification contract”), and thereafter, entered into a contract for modification of the construction contract (hereinafter “instant modification contract”) with the construction cost of KRW 4.97 billion on June 18, 2013.

Article 9 [Period of Construction] (1) The date of commencement and completion of construction work shall be the date specified in the contract.

(2) Where it is impossible to start the commencement date of construction without any cause attributable to the plaintiff, the date of commencement shall be the date of commencement, and the plaintiff may request an extension of the construction period.

(3) The date of completion means the date the plaintiff completes this construction work and requests the defendant to undergo a completion inspection in writing.

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

Article 24 [Completion Inspection] (1) The plaintiff shall notify the defendant of the completion of construction without delay after receiving notification, and the defendant shall conduct the inspection without delay in the presence of the plaintiff, and if the defendant fails to notify the result of inspection within ten days after receiving notification of the plaintiff, the inspection shall be deemed to have passed at the expiration of ten days.

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