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(영문) 부산지방법원동부지원 2020.05.28 2017가합100832

손해배상(기)

Text

1. Each of the instant lawsuits is dismissed with respect to the respective claims for grant of execution clause.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. Basic facts

(a) Conclusion of a contract for construction works and the progress of construction works: Scale and number of households of multi-family housing of 701 on the ground 4th floor: Total construction cost: 91,199,908,000 won (including KRW 4,100,000 per square year). (8) Construction period: Article 3 (Agreemental Status and Purposes) (1) The Plaintiff shall have the status of implementing the project, and the Defendant shall have the status of the contractor in charge of performing the project.

Article 5 (Conditions of Contract for Construction Work and Project Agreement)

5. The total construction cost is KRW 91,199,908,000 (excluding value-added tax, KRW 4,100,00 per square year), and there is no “Escion raised the construction cost applied to the inflation during the period of official approval”, etc.

8. Commencement shall be made before the end of September.

③ The method of paying construction cost - 90% of the construction cost before completion, and 10% of the construction cost after completion - Within two months from the completion date, the Plaintiff shall immediately dispose of the completed assets and make cash payments to the Defendant.

1) The Plaintiff is the Seopopopopo City C apartment (hereinafter “instant apartment”).

3. Date scheduled for commencement: The date scheduled for completion (date of request for completion inspection) October 4, 2013: The contract amount on January 31, 2015: 91,19,908,000 won (value-added tax separately).

6. Construction period: 16 months from the date of commencement of the actual construction (from the date of receipt of the starting date of the government office): The rate of liquidated damages: The content of the instant project agreement concluded on August 28, 2013, compared to the instant agreement entered into on August 28, 2013, the daily contract amount per the number of days of delay, shall be the top priority, and thereafter the Do wage contract may be modified by agreement between the plaintiff and the defendant

2) Since September 5, 2013, the Plaintiff newly constructed the instant apartment building with Defendant on September 5, 2013 (hereinafter “instant construction”).

(2) The term “instant contract” refers to the term “instant contract” (hereinafter referred to as “instant contract”).

Article 8. Completion of Liability and Increase of Construction Costs (1. 1.)