분양대금반환
1. Of the judgment of the court of first instance, the Defendant (Counterclaim Defendant) had the Plaintiff (Counterclaim Defendant) receive KRW 169,024,620 from the Plaintiff and the Plaintiff’s counterclaim.
1. Place of basic facts: The contract amount on April 30, 2004 on April 20, 2004: 502,654,500 won: Additional tax: 475,000 won: 70,654,500 won: The contract deposit amount for the contract: 70,000 won: The progress payment rate of 100% for the defect repair bond and the amount: 3%, 15,079,635 won: Article 4 of the General Conditions of Contract (Deposit for Contract) for the Contract for the Contract for the Contract of Two-year Private Construction (L) ① The plaintiff shall pay the contract deposit to the defendant prior to the conclusion of the contract in cash, etc. to guarantee the performance of the contract;
Provided, That this shall not apply where the defendant and the plaintiff agree not to pay the contract bond.
Article 5 (Disposition of Contract Bond) (1) Where a contract is terminated or terminated due to any cause provided for in subparagraphs of Article 31 (1), the contract bond paid pursuant to Article 4 shall revert to the defendant.
In such cases, if the amount of compensation for damage following the cancellation or termination of a contract exceeds the contract deposit, it may claim the excess amount of compensation.
(2) When the contract is terminated or terminated due to the reasons as provided in each subparagraph of Article 32(1) or the performance of the contract is fully completed, the defendant shall promptly return the contract bond paid pursuant to the provisions of Article 4 to the plaintiff.
Article 19 (Adjustment of Contract Amount Due to Modification of Design) (1) In case where the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or where installation of additional facilities is required by reducing due to a change of project plan, etc., the defendant shall revise the design.
(2) Where a increase or decrease in the construction quantity occurs due to the modification of a design under paragraph (1), the contract price shall be adjusted according to the following standards, and if necessary, the construction period shall be extended or shortened:
1. The unit price of the increased or decreased construction work.