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(영문) 대전지방법원 2019.07.17 2018가합19
공사중지청구 등
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On September 10, 2017, the Plaintiff entered into a construction contract with the Defendant to newly construct a detached house (hereinafter “instant housing”) on the ground of the Cheongbuk-do, Gyeongbuk-do, which is owned by the Defendant, based on the estimated statement prepared on September 9, 2017 (hereinafter “the estimated statement of this case”). Based on the estimated statement prepared on September 9, 2017 (hereinafter “the estimated statement of this case”), the Plaintiff entered into the first construction contract (hereinafter “the instant first construction contract”).

Article 3 Construction Costs: 179,00,000 (Additional Tax Map), 17,900,000 (Value-Added Tax; hereinafter the same shall apply) during the construction period under Article 4 "B (referring to the plaintiff; hereinafter the same shall apply)" shall commence the construction under this Agreement on September 2017 and shall complete the construction under this Agreement by December 20, 2017 after passing an examination of the whole objects of the construction (referring to the defendant; hereinafter the same shall apply).

Article 5 Methods of Payment of Construction Costs “A” shall be as follows:

1. Advance payments: 53,700,000 won (payment on the day when the contract was prepared separately);

2. progress payment: 53,700,000 won (after the addition tax is separately imposed and the framework construction is completed).

3. Completion money: Execution of a contract under Article 6 of the Act (date of issuance of a certificate of completion of construction work).

1. “B” shall submit to “A” a written performance guarantee for an amount equivalent to 3% of the construction cost under Article III or an advance refund guarantee for an advance payment under Article V, within 15 days of the date of this contract.

2. Where a contract is terminated or terminated due to a reason under Article 15 (1), the contract bond paid under Article 6 (1) shall revert to "A";

In such cases, where the amount of damages following the cancellation or termination of a contract exceeds the contract deposit, "A" may claim damages for the part.

Article 11 Change in Services

1. “A” may, after giving written notice to “B”, request the modification or addition of the project.

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