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(영문) 광주지방법원 2017.06.16 2016가합51394

분양대금 청구의소

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1. The Defendants, on January 22, 2013, enter into payment agreements with the Plaintiff on each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On December 4, 2012, the Plaintiff performed construction works for construction machinery and civil engineering landscaping works (hereinafter “instant construction works”) at the Dong-gu 2, Dong-gu, Gwangju Metropolitan City City City City Residential Housing (hereinafter “instant housing”) (hereinafter “instant construction works”). The Defendants organized a joint contractor and filed an application for participation in the instant construction works.

B. On January 22, 2013, the Defendants supplied the instant construction to the Plaintiff as a joint performance method with the contract amount of KRW 9,756,432,10 from January 28, 2013 to September 12, 2014.

On June 23, 2015, the Defendants concluded a construction change contract with the Plaintiff and changed the construction amount to KRW 12,825,00,000.

(hereinafter) According to the instant contract, the contract for the instant construction project that was modified as above is jointly implemented at the rate of 75% and 25% by the Defendant Southern National University Construction Co., Ltd. (hereinafter “Defendant Southern”).

B. The instant contract provides for the following commitments between the parties:

1. The contractor shall confirm that the contract is part of this contract, and shall perform its contractual obligations in good faith and in good faith, with respect to the terms and conditions of the contract, special terms and conditions of the contract, special terms and conditions of the contract, integrity agreement, special terms and conditions of the contract, joint supply and demand agreement, statement of calculation (including subcontracting) and attached electronic terms and conditions of the contract, as publicly notified at the time of the tender of the tender, the statement of subscription to the contract for the construction, the special terms

Subchapter B. Conclusion of Construction Contracts

2. Contract documents;

(a) the validity of one contract document shall have the effect of mutually complementary documents, and the notification document, etc. between the parties as provided for in this condition shall have the effect of the contract document;

C. Regarding contract documents among the general conditions of the instant contract for construction work.