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(영문) 서울남부지방법원 2014.07.24 2012가합20407

기성금반환 등

Text

1. The Plaintiff (Counterclaim Defendant) A: (a) KRW 74,190,740, and the Plaintiff (Counterclaim Plaintiff) from October 16, 2013 to July 24, 2014.

Reasons

(b) : The scope of construction work completed of KRW 1,390,400 (including value-added tax): In principle, from March 2, 2012, the scope of construction work covered by the special agreement of KRW 1,390,400 (including value-added tax): The following matters shall be included separately:

(1) All of the civil engineering works: The cost of electricity, water supply, and water supply shall be included in the construction cost, including the cost of design and supervision of civil engineering works.

(10) When the construction period is delayed, repayment shall be borne by the delayed repayment of 20 million won within one month.

(Expenses for construction works) Provided, That when the payment of construction expenses is delayed, the project owner's charges shall also be borne at the same rate as the contractor's charges.

(12) In cases of design and supervision costs, the balance, excluding KRW 20 million paid by the owner on September 23, 2011, shall be included in the construction cost of the project.

The additional construction cost in addition to the contract shall not be all and the design change shall not be all.

The flag shall be paid twice every month (15 days, 40 days) from March 2012 in duplicate (35 million won) twice every month (70 million won).

**The Account Number Bank Name: National Bank/Account Number: 851237-04-04-02152/ Deposit Holder: The Defendant, pursuant to the Agreement on the Resumption of Construction, resumed the construction on March 8, 2012, but the dispute arises again due to the payment of the construction cost. < Amended by Presidential Decree No. 23687, Jul. 30, 2012>

The plaintiffs paid 812,500,000 won in total as shown in the following statement of payment of the construction price through F, a representative of the plaintiff B or the plaintiffs, without being divided into the first and second construction works, when paying the construction price to the defendant.

(The following facts are as follows: (a) the amount of the construction cost claimed by the Plaintiffs on the grounds as indicated in the item of “judgments”; (b) the payment date for the No. 80,000,000 No. 12 on October 31, 201; and (c) the Plaintiff B’s account in the name of the Defendant on January 31, 201; and (d) the Plaintiff-B’s account in the name of the Defendant.