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(영문) 대전지방법원홍성지원 2015.12.24 2015가합1014
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 17, 2009, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant, with the content that the Plaintiff would pay the construction cost (including value-added tax, and the amount calculated pursuant to Article 3(1) of the construction contract under the contract at the time when the Plaintiff entered into the contract) as KRW 3,125,030,750 (including value-added tax, and the amount calculated pursuant to Article 3(1) of the construction contract under the contract at the time when the contract was entered into). The construction period is 180 days after the commencement (the scheduled date of completion September 21, 2009), and its main content is as follows.

The Defendant (hereinafter referred to as “A”): The name of the Plaintiff (hereinafter referred to as “B”) project: Article 2 (Installation Method) of the instant construction project. (1) The method of installing power supply facilities in the project district shall be installed by the underground power distribution method at the request of A.

(2) Eul shall design electric power supply facilities to cope with electric demand in the project district in accordance with the Electric Utility Act, related Acts and subordinate statutes, provisions of Eul, design guidelines, etc.

Article 3 (Calculation of Construction Design and Costs to be Borne by Customers) (1) The cost of construction to be borne by customers shall be calculated as prescribed by the Electric Utility Act and the related Acts and subordinate statutes, the terms and conditions of electricity supply and Enforcement Rules

(2) Electric arterial facilities in Zone 3 of the Taecheon Bathing Beach shall be installed by means of the underground distribution system at the request of Party A, and the construction cost at the time of underground installation shall be fully borne by Party A.

Article 4 (Payment of Costs of Customer Liability) (1) A shall claim the cost of customer burden calculated under Article 3 by no later than 15 days before the due date for payment as follows, and A shall pay the cost by the method prescribed in Section B by the due date for payment:

The payment of the divided construction cost (won) shall be made on December 25, 009 up to 937,509,000 twice (25%) including the additional tax on October 19, 009, 781,257,000 on December 25, 009 (25%) 625,07,750 on March 25, 2009 (20%) 625,07,750 on April 25, 2009, total 3,125,030,750 on April 25, 2000.

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