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(영문) 서울중앙지방법원 2020.07.21 2018가단5004256
공사대금
Text

1. The defendant,

A. As to KRW 7,373,476 and KRW 6,493,476 among the Plaintiff Company A, the Plaintiff Company was from January 28, 2018.

Reasons

Facts of recognition

On December 12, 2016, the Defendant entered into a contract between the Defendant and Seoul Special Metropolitan City with D (hereinafter referred to as “D”) under a contract with the Seoul Special Metropolitan City to set the construction period of “services design and production installation services” (hereinafter referred to as “instant prime construction”) from December 12, 2016 to December 31, 2017, with the construction cost of KRW 1,200,000, respectively.

Plaintiff

Contract between A and the defendant

6. Payment (2) Any balance of the construction cost: 8,800,000 won, including value-added tax (payment in cash within two days after obtaining approval from the Defendant’s ordering office after completion of construction): The payment method: Tax invoice, advance payment guarantee, contract performance guarantee (20%), defect guarantee (10%) and then the designated account (a separate agreement).

7. Period for warranty liability: Two years from the date of transferring the object to the defendant after completion inspection; and

8. Defect repair rate: 10% (payment of construction cost) Article 13 (3) The plaintiff A shall pass a completion inspection by the defendant and then claim the payment of the construction cost to the defendant;

Before filing a claim for the remainder of construction works, the plaintiff A shall submit the defective performance bond to the defendant.

Article 17 [Defect Security] (1) The plaintiff A shall pay to the defendant the amount calculated by multiplying the contract amount by the defect repair rate prescribed in the contract (hereinafter referred to as "deposit for defect repair") by the contract amount, in cash or one of the following certificates, until the price for the construction is paid after the completion inspection:

1. Certificates issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry;

2. Certificates issued by guarantee insurance companies, the Credit Guarantee Fund, and other equivalent institutions;

3. Payment guarantee or certificate of deposit by financial institutions;

(4) The warranty bond under paragraph (1) shall be returned at the request of the plaintiff A after the expiration of the warranty period directly.

Provided, That expenses incurred in repairing defects directly performed by the defendant under paragraph (3) shall be deducted.

Plaintiff

A shall be effective as of 2017.

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