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(영문) 부산지방법원 2018.06.27 2016가합48634

대여금

Text

1. The Defendant’s KRW 36,467,171 as well as the Plaintiff’s annual rate of 5% from June 2, 2016 to June 27, 2018, and the following.

Reasons

Basic Facts

On March 28, 2013, the Defendant obtained a permit from the Urban Development Project Association of B district to use land on the 1720 square meters of land site area in Kimhae-si located in B district urban development project district.

Around April 2013, the Defendant delegated E, who operates the D architect office, all of the powers to file a civil petition and file an application through the Internet Building Administrative System (SP). At that time, E prepared the design drawings of neighborhood living facilities to be newly built on the ground of the above site, and on May 21, 2013, permission for the new construction of a building was granted.

1. Construction works of a new neighborhood living facility in the name of project;

2. Site location Kim Sea Cropt;

3. Period of construction from June 4, 2013 to August 4, 2010, the supply price of KRW 720,000,000 for the contract amount of KRW 720,000,000 for value-added tax amount of KRW 72,00,000 for the supply price;

5. After the completion of the completed portion (change in accordance with the record of the bank), 100% by 792,00,000 won.

6. Two years of warranty period.

8. Separate items;

1. includes supervision expenses for building-related authorization and permission, design expenses separate, and cross-supervision expenses;

2. includes electricity, water, and communications seal;

3. 17. Items 17. Obstruction and examination of the estimate of the creation of the collateral security on the land after the completion of civil works, the removal of obstacles and survey expenses (site boundary survey and current status survey) shall be separate. Article 24 (Defect Security) of the General Conditions of the Contract for Construction Works (2) The plaintiff shall repair all defects arising from the relevant works during the warranty period as stipulated in the contract

Provided, That the same shall not apply where force majeure, such as natural disaster, or cause not attributable to the plaintiff, occurs after the object of construction is delivered.

(3) Where the plaintiff is requested to repair the defects under paragraph (2) from the defendant and fails to comply therewith, the defendant may directly repair the defects at the expense of the plaintiff.

The expenses incurred in this case shall be preferentially appropriated with the warranty bond, and where any shortage is incurred, the plaintiff may be requested.

On June 4, 2013, the Defendant is “SP Construction Co., Ltd.” at the time of the Plaintiff.

(c).