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(영문) 대구고등법원 2020.06.11 2017나699
공사대금 등
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The plaintiff is the defendant.

Reasons

.The contract amount on April 31: 5,80,000,000 won (including surtax) - Value 5,272,753,137 won (Labor cost: 1,457,823,909 won and labor cost under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry) - Value 527,246,862 won;

5. Payment of the price;

(a) (i) 80% of the completed portion: (i) 1; (ii) 40% of the structure at the time of completion of 80% of the structure; and (iii) 15 days from the date of receipt of the object ; (iv) 2,230 square meters x 1,300 square meters x 2,300 square meters x 2,899,000,000 single housing site: 2,900 square meters x 2,900 square meters x 2,000 square meters x 5,130 square meters total 5,80,000 square meters x 2,901,000,000

(b)the cost of the private material shall be modified by the data of the Statistics Korea when the price increase rate of 5 per cent or more of the cost is changed due to design changes, economic situation changes, etc.;

D. Payment within 15 days from the date of receipt by the ordering person

6. Contract bond: 10%;

9. The rate of liquidated damages: 0.10%;

(a) If it is deemed impossible to achieve the purpose of the contract due to the breach of the terms and conditions of the contract * the matters under the special agreement * (i) the construction work is completed and the land substitution is authorized, and the subcontracted component shall be paid upon receipt of the order;

The unpaid charges and civil petition possession (e.g., hybrids2, dog breeding farms, crops of the answer, grave removal treatment, accompanying matters, etc.) incurred on the Sheet site shall be responsible for the ordering person, but shall be settled preferentially in cooperation with the contractor in good faith.

x. Otherwise, the time limit for delay of construction shall be extended due to the reasons attributable to the project owner.

The Plaintiff started construction from the earth construction around that time.

(3) Of the specifications of construction attached to the contract for the instant construction project, the part concerning soil reduction of KRW 591,228,382, 258, 119 square meters and soil reduction of KRW 23,136 square meters and 21,701,568 square meters and soil reduction of KRW 23,136 square meters and KRW 45,888 square meters and KRW 407,94,320 shall be as follows, and the Plaintiff shall be as follows with the Defendant Company.

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