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(영문) 대구지방법원 2018.06.29 2017가합209277

공사대금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts [General Conditions of Construction Contract] Article 2

1. Site area: 14,376,00 square meters;

2. Specific-use area: Class 1, Class 2 general residential area;

3. Scale: 2 to 15 stories underground and 4 stories underground (29,844.44§³).

4. Use: 247 households of apartments; and

5. Project period: From December 2, 2011 to September 2014 ( approximately 34 months);

6. Structure: A reinforced concrete brick structure;

7. The usage rate: 188.18% "A (the defendant)" and "B (the plaintiff)" shall faithfully perform their roles, duties and responsibilities that fall under any of the following subparagraphs:

(1) “A”’s scope of business and rights and duties; 1) the cancellation of ownership of the project site; 2) the removal of obstacles; 3) the conclusion and bearing of a service contract related to the project in question, such as design, supervision, removal, advertisement; 4) the acquisition and construction of M/H site; 7) any tax imposed on the project management and the owner’s name; 8) the obligation to compensate for the claims of “B”, including construction cost, 9) the performance of the authorization and permission; and 4) any other obligation related to the implementation of the project as a contractor (2) the execution and liability of the object of the project; 3) the execution of the construction project and all civil petitions related to the construction project under Article 4 of this Agreement; 4) the execution of the construction project and the completion of the construction of the object of the project; 4) the execution of the construction project in question; 5) the execution of the construction project agreement and the execution of the construction project under Article 5(5)(6)(3) of the project agreement.