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(영문) 서울고등법원 2015.04.09 2014나2004468
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff) at KRW 6,575,79.

Reasons

1. Basic facts

(a) The construction period of the instant contract: The contract amount (excluding value-added tax) on December 31, 201 on the date of the commencement of works on March 30, 2011 (on the basis of the commencement date): 1,705,000,000 won: Value-added tax of KRW 1,550,000: The rate for the warranty bond of KRW 155,000: 3/1,000 of the contract amount: 1/1,000 of the contract amount for the warranty bond of KRW 1,50,000: the rate for the warranty bond of KRW 3/100 of the contract amount of KRW 1/1,000: the terms used under Article 2 (Definition of General Conditions of the Contract for Construction Works)

2. The term “design” means all kinds of books necessary for the execution of a project, such as construction specifications, design drawings, and specifications indicating the quantity of objects by type of work (including the quantity required for the installation of a new object);

Article 3 (Contract Documents) (1) Contract documents shall consist of contract documents for construction works, general conditions of construction contracts, special conditions of construction contracts and designs, and shall have the effect of mutual supplementation.

In such cases, the special conditions of the construction contract shall be effective preferentially to the general conditions of the construction contract, and the calculation statement submitted by the recipient shall be applied at the time of the adjustment of the contract amount due to the modification of design under Article 15 and the payment of the price for the completed portion under Article 23.

Article 4 (Deposit for Contract) (1) "B" (referring to the defendant; hereinafter the same shall apply) shall pay in cash (including cashier's checks issued by postal service offices or financial institutions subject to the Banking Act; hereinafter the same shall apply) the contract deposit prescribed in the contract prior to the conclusion of the contract to "B" (hereinafter the same shall apply).

Provided, That the following certificates, etc. may be paid in lieu of cash:

4. Certificates which guarantee the payment of debts, etc. issued by the construction mutual aid association, specialized construction mutual aid association, industry mutual aid association, electrical construction mutual aid association under the Electrical Construction Mutual Aid Association Act, and the Credit Guarantee Fund under the Credit Guarantee Fund

8.Each letter Article 16 (Inspection) (1) “B” has completed construction works.

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