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(영문) 인천지방법원부천지원 2017.07.21 2016가합331
공사대금
Text

1. The defendant shall be the plaintiff.

(a) KRW 362,454,924 as well as 6% per annum from April 1, 2017 to July 21, 2017; and

Reasons

1. Basic facts

(a) The name of the construction contract (No. 1, No. 12) for the construction project, such as the conclusion of the instant construction contract: The construction contract for the construction project (No. 1, No. 12: The date of construction work for the construction project for the construction project for the construction project for the construction project for the construction project: the date of the commencement of the construction project for the construction project for the construction project for the construction project for the construction project for the construction project for the construction project for the construction project: the contract amount for the construction project on April 3, 2015: the contract amount of 2,950,000,000 won, the warranty bond rate of 0.01%, the warranty bond rate of 01% for the defect liability period for the construction project for the construction project for the construction project for the construction project for the construction project: the date of completion of the building, other than the one for each week, shall be May 30, 2015.

Added: Article 31 of the General Conditions of the Standard Contract for Private Construction Works (Guarantee of Defects) (1) B shall pay to A (Defendant) the amount calculated by multiplying the contract price by the rate of the warranty bond determined in the contract to guarantee the repair of defects of the construction works, in cash or by a guarantee issued by the guarantee agency referred to in the subparagraphs of Article 4 (2), from the time of completion inspection to the time of payment of the consideration

1) On April 3, 2015, the Plaintiff established for the purpose of building construction business, etc. and the Defendant established for the purpose of manufacturing non-ferrous structure, etc., concluded a construction contract with the Defendant to receive a contract for construction cost of KRW 2,950,00,000 from the Defendant for construction work that the Plaintiff would receive a contract for construction work with the Defendant, and the main contents are as follows (hereinafter “instant construction contract”).

(2) On May 8, 2015, the Plaintiff entered into a subcontract on May 8, 2015, with respect to the construction cost of KRW 350,00,000 for the steel frame among the above construction works (excluding value-added tax), and on May 10, 2015, and on July 10, 2015 for the completion date.

3) When the progress of construction works related to one week was delayed due to financing, the Defendant directly purchased steel materials equivalent to KRW 158,817,725 from E (trade name F) on July 23, 2015 and provided the Plaintiff (Evidence 10). (4) The Defendant directly takes charge of the part of the steel frame construction (hereinafter “instant steel frame construction”) for the Plaintiff.

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