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(영문) 서울중앙지방법원 2013.09.27 2011가합29555

공사대금

Text

1. As to KRW 5,354,359,992 among the Plaintiff and KRW 5,014,359,992 among the Plaintiff, the Defendant shall start from October 13, 2010 to September 27, 2013.

Reasons

Basic Facts

Around March 2007, the Plaintiff entered into an agreement with the Defendant to carry out the new construction project of the D Primary Complex Building (hereinafter “instant project”) that is built on the ground of Seongbuk-gu Seoul Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and to proceed as a land (development trust project) project through the trust company by designating the Defendant as the contractor and the Plaintiff as the contractor (hereinafter “instant agreement”).

On November 30, 2007, the Defendant newly constructed a building for the purpose of apartment houses, officetels and neighborhood living facilities (hereinafter “instant building”) on the land outside Seongbuk-gu Seoul, Seongbuk-gu, and ten parcels (hereinafter “instant project site”), and subsequently, in order to sell the instant project site and building as trust property, the Defendant trust the said project site to the Korea Land Trust, and the trust period was from November 30, 2007 to December 31, 2009 (hereinafter “instant trust contract”).

On May 22, 2009, the Defendant entered into a land trust agreement with the Korea Land Trust to extend the trust period from November 30, 2007 to October 31, 2010.

In order to carry out the instant project on or around February 2008, the original and the Defendant and the Korea Land Trust established the instant building as a truster, and the Korea Land Trust as a trustee, the Plaintiff is determined to share each business as a contractor, and the scheduled construction cost was determined to be an amount calculated by multiplying the total floor area by KRW 308,00,000 per square year (excluding value-added tax). Of the buildings, the types and quality of apartment houses, neighborhood living facilities, and officetels's interior and outside facilities, flooring materials, internal facilities, etc. among the buildings were determined by the consultation of three parties before the conclusion of the construction contract, and the Korea Land Trust concluded an agreement to finally determine the construction contract by the Korea Land Trust.

The defendant is a stock company on February 26, 2008.