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(영문) 창원지방법원 마산지원 2018.02.07 2015가합101238

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around December 17, 2012, the Plaintiff entered into a contract with the Defendant for construction business, etc., under which the construction cost of the new urban-type residential housing D (D) located on the land of the Haan-gun, Haan-gun (hereinafter “D”), KRW 611,000,000 for the construction cost, and the construction period from December 17, 2012 to April 30, 2012 for the construction period (hereinafter “instant contract”) and entered into a contract under which the construction cost of the new urban-type residential housing G located on the land of the Haan-gun, Haan-gun (hereinafter “G”) was set at KRW 50,00,00 for the construction cost, and the construction period was set at the same time as the instant contract.

B. After May 30, 2013, the Plaintiff and the Defendant changed the construction cost of the instant contract into KRW 616,30,000,000 and the deadline for completion until July 30, 2013.

Article 1. Performance Agreements between Gap (Defendant and E; hereinafter the same shall apply)

1. With respect to the work for which Eul (referring to the plaintiff; hereinafter the same shall apply) is contracted to Gap to perform D or G construction work, Gap shall not be responsible for any defects and management;

2. From October 15, 2013, “A” shall not participate in all the construction sites of “B”, “B” shall bear all the necessary construction costs after the completion of its commitment and shall not require “A” to cover construction costs.

Article 2 (Contents of Implementation Arrangements)

1. B must promptly proceed with the completion of the inspection.

3. Eul shall, upon completion of a completion inspection and issuance of a construction permit, pay to Gap the purchase price of D or G in KRW 1,050,000,00, and shall be paid for bank loans in the absence of any balance, and the payment period shall not exceed KRW 100,000 and shall not exceed 90,000,000.

4. Eul shall pay Gap a total of KRW 1,050,000 for D and G sales price after completion inspection and a construction permit letter came into existence. If Eul fails to pay KRW 1,050,000 for the above D and G sales price due to reasons attributable to Eul, Eul shall pay KRW 1,050,000 for the above D and G construction price.