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(영문) 수원지방법원 2017.06.02 2016가합84180

정산금 등

Text

1. The Defendant’s KRW 214,106,742 against the Plaintiffs and 6% per annum from January 18, 2016 to June 2, 2017, respectively.

Reasons

1. Basic facts

A. On August 27, 2013, the Plaintiffs jointly carried out a new project for accommodation facilities (hereinafter “instant project”) on the ground (hereinafter “instant land”). The Plaintiffs entered into an agreement with the Plaintiff to make an investment of KRW 50 million, KRW 300 million, KRW 300,000, KRW 3000,000, KRW 300,000, KRW 700,000,000, and KRW 400,000,000.

B. On November 27, 2013, C entered into a construction contract with the Defendant for new construction of accommodation facilities on the instant land (hereinafter “instant contract”) with a view to KRW 1,750,000,000 (hereinafter “instant contract”). Since then, difficulties arise in construction, C, on November 15, 2014, agreed to suspend construction works and reduce the construction price under the said contract, and entered into an agreement with the following (hereinafter “instant agreement”).

The Convention is the Convention that no longer carries out construction works due to various reasons between the contractor and the contracting party.

The ordering authority and the Corporation shall not cause any dispute after this Convention.

The owner C (hereinafter referred to as the "owner") and the contractor integrated construction (hereinafter referred to as the "contractor") shall enter into a construction contract after the reduction of the contract amount as follows under mutual agreement:

2. Details of the agreement (1) Reduction of KRW 1,680,000,000,000 for the contract amount originally contracted for the reduction of the contract amount for construction works, until now, shall be 70,000,000 for the contract amount which has been paid up to the date.

(3) After the conclusion of this Convention, the Corporation shall actively cooperate in the change of the persons concerned in the ordering place, and obtain approval for use by maintaining the comprehensive construction license necessary for the completion of viewing as originally agreed upon.

(4) The submission of defective performance securities and the warranty against defects shall be submitted to the full amount of construction expenses paid and actively taken measures at the time of the occurrence of defects.

(excluding interior works) Any defect by follow-up works after another Section shall be dealt with at the ordering office.