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(영문) 수원지방법원성남지원 2015.06.02 2013가합887

손해배상(기)

Text

1. The Defendant’s KRW 140,950,800 with respect to the Plaintiff and KRW 5% per annum from February 8, 2013 to June 2, 2015, and the next day.

Reasons

1. Basic facts

A. On May 12, 2010, the Plaintiff and the Defendant newly constructed multi-family housing on the land B and five parcels (current lot number C) located outside Seoul, and the Plaintiff entered into a construction contract with the Defendant to pay the construction cost in lieu of a part of the newly constructed building (hereinafter “instant construction contract”).

B. The main contents of the instant construction contract are as follows.

5. Scheduled date of completion: The area stated in the special agreement;

7. A completed amount: A substitute (general conditions of a contract for construction works) entered in a special agreement; and

1. The materials used in this Corporation shall be determined through consultation between the Plaintiff and the Defendant.

2. A finish shall be constructed in the first floor of the relevant site and, in principle, in the following sample households confirmed by the plaintiff and the defendant, in principle, in the previous household units, and the size, color, model, etc. of materials to be used for the sample household shall be constructed in consultation with the plaintiff and the defendant

Article 4 (Modification of Designs)

1. The defendant shall execute the construction in accordance with the design documents and permission standards.

2. The plaintiff and the defendant may modify designs through consultation for the convenience of construction.

3. No addition to this building may be allowed.

Article 5 (Payment of Construction Costs)

1. The present Corporation shall be determined by consultation between the Plaintiff and the Defendant as a final shares.

2. The payment of the construction price shall be made in collective housing in the relevant field (each household by Dong and by floor), and the household units by Dong and by floor shall be determined in consultation with each other, and shall be stated in the matters stipulated in a special agreement;

(All matters concerning payment in installments shall take precedence over matters of special agreement. (Conditions of special agreement)

3. The plaintiff shall immediately provide the defendant with all necessary documents related to the construction project from the permission to the completion date.

4.The method of the payment for the construction cost shall be the interest rate for each of the co-owned household units in the same manner as in the separate sheet.

5. The issue of sale in lots between the plaintiff and the defendant is to be dealt with through consultation, and the household of the trial shares is to be dealt with.