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(영문) 대전고등법원 (청주) 2021.02.04 2020나1203
공사대금
Text

1. Of the judgment of the first instance, KRW 66,738,432 against the Plaintiff among the judgment of the court of first instance, and as to the Plaintiff, from August 18, 2018 to February 4, 2021.

Reasons

1. Facts of recognition;

A. On May 2, 2014, the Plaintiff entered into a contract for construction works with the Defendant for D factories located in Gangwon-gun C (hereinafter “instant factories”) and new construction works (hereinafter “instant construction works”) with the contract amount of KRW 3.41 billion (including value added taxes). On October 16, 2014, the Plaintiff entered into a contract for change of the contract for construction works with the contract amount of KRW 3.25 billion (including value added taxes) with the contract amount of KRW 3.25 billion (including value added taxes).

On November 30, 2015, the Plaintiff and the Defendant entered into a modified contract with each of the instant construction works as a new construction works. The date of completion was changed to June 30, 2016, and the contract amount was divided into KRW 1160,500,000 (including value added tax) and KRW 209,000,000 (including value added tax) for new construction works.

On June 30, 2016, the Plaintiff and the Defendant finally concluded a contract to re-revision the date of completion of the above two works to April 30, 2017 (hereinafter collectively referred to as “instant contract”). (B) Meanwhile, the Plaintiff and the Defendant maintained the rate of deposit or defect repair deposit, terms and conditions of the construction contract, etc. as determined at the time of the initial contract before and after the modification of the instant contract, as they were, and the relevant parts of the instant contract are as follows (based on the final modification contract). The specific amount of the contract related to the instant case is as follows: (i) the rate of deposit for defective repair of the contract amount by the type of the standard contract for the construction work modified contract for the private sector; (ii) the rate of deposit for defective repair of the contract amount by the type of the standard contract for the construction work modified contract for the defect liability period of KRW 34,815,000,000, KRW 2000, KRW 362,700,200.

8. Defects Liability (in the case of multiple types of public structures, the description by type of public structures): Article 4 [Contract Deposit] of the General Conditions for Standard Contract for Private Construction Works at the rate of 5% (Contract Bond). (1) The term "B" shall have the right to deposit the contract as set out in the contract in order to guarantee the performance of contractual obligations.

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