정산금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
On May 15, 2012, the Plaintiff was established on May 15, 2012 by a cooperative consisting of the members who purchase land in etern C (hereinafter “instant land”) from the Korea Land and Housing Corporation, including the conclusion of construction contract with the Plaintiff and the Defendant.
The plaintiff is a company running real estate leasing business, housing construction business, etc., and the defendant is a company conducting construction business, civil engineering business, etc.
B With respect to the construction of officetels buildings (hereinafter “instant building”) on the instant land by D Co., Ltd. (hereinafter “D”) and B Co., Ltd., concluded a real estate development consulting service contract (hereinafter “instant real estate development consulting service contract”) with which D Co., Ltd. (hereinafter “D”) and B Co., Ltd will perform the overall duties of real estate development consulting, such as establishment of D management plans, planning and planning of plans and business entities, selection of certified tax accountants and construction and sale of commercial buildings, etc.
On February 24, 2012, the Plaintiff succeeded to the status of the Plaintiff on the instant real estate development consulting services agreement.
On June 1, 2012, the Plaintiff entered into a contract with the Defendant on the instant land for construction works (hereinafter “instant construction contract”) to which the Defendant would construct the instant building on the instant land (hereinafter “instant construction works”) by determining the construction cost of KRW 6.6 billion (excluding value-added tax), and the construction period from June 8, 2012 to August 25, 2013.
The main contents of the construction contract of this case are as follows, and there is a special agreement to the effect that the defendant raises funds for the construction work by borrowing the construction cost from the first financial right.
Article 1 of the General Provisions of the Construction Contract for Private Construction Works (General Provisions) (Plaintiffs) and the contractor (Defendants) shall cooperate with each other on an equal footing to implement the contract in good faith.
Article 3 [Contract Documents] ① Contract documents shall include contract documents for private construction works, general conditions of contract for private construction works, special conditions of contract for construction works, and design documents.