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(영문) 수원지방법원안양지원 2015.04.02 2014가합3615
공사대금 중 일부금
Text

1. Defendant Rice District Urban Development Project Cooperatives: (a) KRW 471,459,00 for the Plaintiff and its related amount from February 1, 2014 to April 1, 2015.

Reasons

On December 8, 2010, Defendant Rice District Urban Development Project Association (hereinafter “Defendant Cooperative”) entered into a contract with Defendant Central Construction Co., Ltd. (hereinafter “Defendant Central Construction”) on the construction cost of KRW 14,300,000 (including value-added tax; hereinafter the same shall apply) and the construction period of construction from December 15, 201 to December 14, 201 with respect to the construction work remaining after the said contract was amended on December 29, 2013.

According to the terms and conditions of the said construction contract and Article 22 of the General Conditions for the Contract, the Defendant Union shall pay progress payment every two months to the Defendant Central Construction, and upon the request of the Defendant Central Construction to inspect the completed portion, the inspection shall be deemed to have passed the inspection without delay, and if the result is not notified within 14 days, the inspection shall be deemed to have been completed, and the progress payment shall be paid within 14 days from the completion date of the inspection. On September 2, 2011, the Defendant Central Construction Co., Ltd. entered into a subcontract with the Plaintiff: (i) with respect to Amnesty Works among the prime contractor; (ii) with respect to the Plaintiff, the construction cost of KRW 3,161,40,00; and (iii) with the completion date of the said contract fixed on and on January 23, 2012; and (iv) concluded the contract with the Plaintiff on March 29, 2013; and (v) concluded the contract with the Plaintiff on November 30, 2013>

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