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(영문) 대전지방법원 2017.08.24 2016나113601
공사대금
Text

1. The following amounts, among the parts concerning the principal lawsuit in the judgment of the court of first instance, shall constitute an additional payment order:

Reasons

Basic Facts

On February 21, 2015, the Plaintiff entered into a contract for construction works (hereinafter “instant construction works”) with the Defendant on April 9, 2015, with respect to the new construction of the Cheongdong-gu Multi-Family Housing B (hereinafter “instant building”) on the ground (hereinafter “instant construction works”) on the date of commencement, and on July 31, 2015, the contract amount of KRW 204,000,000 (prepaid amount of KRW 61,600,000, completed portion at the time of completion, KRW 81,600,000, completed portion at the time of completion, and KRW 61,200,000, completed portion at the time of completion, the warranty bond rate of KRW 3% (6,120,000), the warranty period of KRW 2,00,000 per annum, and the construction works (hereinafter “instant construction works”).

Article 3 [Contract Documents] ① Contract Documents shall consist of contract documents for private construction works, general conditions of contract for private construction works, special conditions of contract for construction works, design documents and calculation sheets, and shall have the effect of mutual supplementation.

Article 9 [Construction Period] (3) Date of completion refers to the date on which the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.

However, it shall be limited to the cases of passing a completion inspection under Article 24.

Article 17 [Supplementary Works] (1) When there are parts inappropriate for the design plan during the construction works executed by the plaintiff, the defendant may request a correction thereof, and the plaintiff shall comply without delay.

(2) In cases falling under paragraph (1), when a construction work inappropriate for the design plan is due to a demand or instruction of the defendant or any other reason not attributable to the plaintiff, the plaintiff shall not be held liable.

Article 22 [Supplementary Amount] (1) If a contract specifies the completed portion, the plaintiff may request an inspection of the completed portion. In this case, the defendant shall conduct an inspection without delay and notify the plaintiff of the result thereof, and if no notification is made within 14 days, the inspection shall be deemed to have passed.

(3) The defendant

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