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(영문) 서울중앙지방법원 2019.01.18 2014가합581849

손해배상(기)

Text

1. As to KRW 256,636,657 and KRW 101,00,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 155,636,657.

Reasons

1. Basic facts

A. The status of the parties is the Housing Reconstruction and Improvement Project Association that redevelopments and sells the apartment complex A (hereinafter “instant apartment”) in Seongdong-gu, Seongbuk-gu, Sungnam-gu, and the defendant entered into a contract on the instant apartment reconstruction project with the plaintiff (hereinafter “instant apartment construction”) and constructed the instant apartment.

B. (1) On August 22, 2007, the Plaintiff entered into a contract for construction work with the Defendant and the instant construction work, as to the construction work, KRW 72,797,526,00 (excluding KRW 3,853,00 per square year, value added tax) and the contract for construction work as determined by 32 months from the date of the commencement of the construction period (hereinafter “instant contract”).

(2) On June 25, 2007, the Plaintiff obtained the authorization of the implementation of the housing reconstruction project for the instant apartment from the Sungnam City.

When the plaintiff obtains authorization for the implementation of a rearrangement project, the design drawings of the apartment of this case, which were attached thereto, shall be referred to as "the drawing for authorization

3) The Plaintiff changed the design of part of the central structure, including the plane of unit generation, and applied for the authorization for the change of the project implementation to the Sungnam City Mayor. On February 6, 2009, the Plaintiff obtained the authorization for the change of the project implementation from the Sungnam City Mayor. On September 2010, the Plaintiff entered into a contract for the change of the content of the apartment construction project (excluding value-added tax) increaseing KRW 74,625,382,00 (excluding value-added tax) to KRW 1,827,856,00 (excluding value-added tax) with the content of the apartment of this case attached when the Plaintiff obtained the authorization for the change of the project implementation. (4) Around September 2010, the Plaintiff extended the balcony of the Defendant and the general generation, but excluded from the outside city. (2) A contract for the change of the value-added tax (hereinafter “the first change contract”).

5. On January 5, 2012, the Plaintiff has increased the price pursuant to Article 8 of the instant contract with the Defendant.