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(영문) 서울동부지방법원 2014.08.22 2013가합14451

공사대금

Text

1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. Of the costs of lawsuit, the part resulting from the principal lawsuit.

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the whole pleadings in the entries in Gap evidence 1 to 3, Gap evidence 5-1 to 6, Eul evidence 16, and Eul evidence 16.

On August 15, 2012, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendants who engage in real estate construction and sales business and the Seoul Gwangjin-gu Seoul Special Metropolitan City Construction Corporation for Urban Residential Housing (hereinafter “instant original construction”) on the construction period from August 15, 2012 to June 14, 2013, with the construction cost of KRW 2,047,500 (excluding value-added tax; hereinafter “original construction cost”).

B. On March 28, 2013, the Plaintiff entered into an interim settlement and joint construction agreement (hereinafter “instant settlement agreement”) with the Defendants, which restricts the scope of the instant original construction to civil engineering works and reinforced concrete construction works (hereinafter “instant construction”).

Intermediate Settlement and Joint Execution Agreements

1. The scope of the Plaintiff’s construction work is limited to Saturdays and reinforced concrete construction work;

2. The Plaintiff’s total construction cost shall be KRW 900,000 (including purchase tax and value added tax separately).

3. The additional construction works upon the request of the Defendants shall be settled separately.

4. Purchase taxes of an amount, other than the total construction cost (90 million won), and value-added taxes shall be borne by the Defendants.

5. The cost of industrial accident insurance premiums, employment insurance premiums, and safety technology guidance shall be borne by the Defendants.

6. With respect to the amount other than the total construction cost, the Defendants shall pay 2.5% of the value of the head office management expenses (sales) supplied to the Plaintiff.

7. Expenses for civil petitions shall be borne by 50:50;

9. The balance of the construction cost shall be paid upon completion of reinforced concrete construction.

10. The Plaintiff received the Plaintiff from the Defendants, and the Plaintiff preserved the ownership until the Defendants sold or transferred in consultation.

12. On-site agents are the Defendants.