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(영문) 부산지방법원 2016.11.30 2016가합1581

원상회복 등

Text

1. The Defendant shall pay to the Plaintiff KRW 204,00,000 and the interest rate of KRW 15% per annum from May 10, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the construction business.

The defendant is the Housing Redevelopment Development and Improvement Project Association approved by the head of the Busan Metropolitan City North Korea in around 2005 in order to carry out a housing redevelopment improvement project (hereinafter referred to as the "project of this case") in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") on the land of Busan Northern-gu B and C, 34,909 square meters.

B. On April 15, 2014, the Plaintiff and the Small and Medium Enterprise Construction Co., Ltd. (hereinafter “Seoul Comprehensive Mining Construction”) concluded a contract for construction works with the Defendant with respect to the new construction of the instant project, by forming a consortium (hereinafter “instant joint contractors”).

(hereinafter referred to as “instant contract”). 1. Name of the project: Housing redevelopment improvement project in Zone A;

4. Details of the project: New construction works of housing redevelopment improvement project in A;

5. Period: 32 months from the date of reporting on commencement.

7. Separate sheet: Article 5 (Contract Amount for Construction Work) (1) of the terms and conditions of the contract for construction work (the contract amount to be paid by the Defendant to the instant joint contractor shall be KRW 3.3058 square meters per 3.3058 square meters per day (based on the total floor area) as of the date of conclusion of the contract, and the cost of removal of the existing building shall be KRW 160,000 per 3058 square meters per 3058 square meters per project site area

(hereinafter) Article 13 (Loan of Project Costs) (1) The instant joint supply and demand company may lend the following funds necessary for the implementation of the project to the Defendant upon request by the Defendant, subject to consultation with the Defendant, and the standards for items of loan with interest-free interest shall be applied from the date of conclusion

(Classification of loans already paid shall be subject to the standard of provisional contract). 1. Items of interest-free loans are as follows:

- - Design and operation expenses (hereinafter referred to as “design operation expenses”).

2. Lending interest - Land purchase cost (unauthorized persons, cash clearing agents) - The operation cost of the association under Article 15 of the National and Public Land Unclaimed (hereinafter omitted).