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(영문) 수원지방법원 안양지원 2018.02.22 2015가단110643

공사대금반환 등

Text

1. The Defendant’s KRW 86,66,39 as well as 5% per annum from October 1, 2015 to February 22, 2018, and the following.

Reasons

(c) Items: Entry into a special agreement; and

9. The rate of liquidated damages: 1/1000: Matters specially agreed on two years (all defects).

1. The defendant shall, at the request of the plaintiff, complete the building from the design to the construction and completion of the building faithfully on the land outside D and five parcels in Gyeyang-gu, Ansan-gu, Gyeonggi-do, and shall thoroughly repair the defects in accordance with the contract after the completion of the building.

2. In cases of designing and constructing a multi-household building, the construction shall be completed in the name of the construction company, and in cases of designing and constructing a multi-household building, the construction shall be completed directly by the owner.

4. Time and conditions to settle down payment: 10% of the total construction cost * after the removal of concrete on the second floor of each building: 20% of the total construction cost *20% of the total construction cost : after the removal of concrete on the fourth floor of each building : 20% of the total construction cost * 20% of the total construction cost * 20% of the total construction cost * 10% of the total construction cost * after the completion of the rest of each building : 20% of the total construction cost * 10% of the total construction cost * after the completion of the rest of each building : 20% of the total construction cost (exchange with the completion documents) * the application for construction permit and the industrial accident insurance premium are included in the total construction cost, and the Defendant bears the burden.

* The balcony area is the service area.

Accordingly, the balcony horizontal water* 2.9 million won is to be returned to the high court of the original level.

* The construction cost, including the construction design cost and supervision cost, shall be three million won per square meter. -

On January 24, 2015, the Plaintiff paid the Defendant KRW 35 million as down payment, KRW 70 million as the first intermediate payment on June 5, 2015, KRW 70 million as the second intermediate payment on June 26, 2015, KRW 175 million in total, and KRW 175 million as the second intermediate payment on June 26, 2015.

However, due to disputes between the Plaintiff and the Defendant regarding the use of materials, the Defendant suspended the instant construction around July 10, 2015.

The Plaintiff notified the Defendant of the termination of the instant construction contract through the service of a duplicate of the instant complaint.

[Based on recognition] - written evidence of absence of dispute, Gap 1, 4, and 6 (including attachment of provisional number).