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(영문) 수원지방법원 2015.09.04 2014가합3507

공사대금 등

Text

1. Of the instant lawsuit, the part concerning the claim for 200,000,000 won and damages for delay shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Matters under a special contract for basic facts;

1. In principle, the terms and conditions of the standard contract shall be included, but the terms and conditions of the standard contract shall prevail if they are different from the terms and conditions of the standard contract;

3. Method of payment of the construction price (1) The construction price shall be appropriated for all the construction price as deposit for lease received when a multi-family house (nine households) prescribed in the standard contract is completed and the lease contract is concluded;

(2) A contractor shall pay 50% of the deposit paid to the contractor each time when a lease contract is concluded, as described in the above paragraph (1).

(3) With respect to the claim for the payment of the above construction work, the contractor shall appropriate the construction work price in the same manner as described in paragraph (1), and may not request the contractor to pay it otherwise.

10. A contractor with a special contract to bring an action against the contractor will cover the construction cost by the method prescribed in paragraph 3 with respect to the claim for the construction cost, and the contractor (the contractor appears to be the contractor’s clerical error in this part of the special contract in this case) will not bring an action against the contractor for any reason, such as filing a claim for the construction cost.

On February 5, 2013, the Plaintiff (Seoul Heavy Industries Construction Co., Ltd.) entered into a contract (hereinafter “instant contract”) with the Defendant for the construction work of the multi-family house on the ground C and D ground (hereinafter “instant multi-family house”) (hereinafter “instant construction work”) from the Defendant on a contract basis that the construction cost would be KRW 330,00,000 (excluding value-added tax). The main contents of the said contract are as follows: (a) the special agreement stipulated at the time of the conclusion of the said contract (hereinafter “the instant special agreement”).

Deposit for the lessee (won) on the date of housing contract No. 203 on November 23, 2013, E 50,000,000, F40,000 on December 30, 2013, No. 302 on December 30, 2013, No. 70,000,000,000 on December 7, 2013, No. 403 on December 27, 2013; H 70,000,000,000 on November 27, 2013;

B. After the completion of the instant multi-family house 9 households (2, 3, 4 each floor 1, 2, 3) and the following table.