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(영문) 광주지방법원 2014.07.11 2013가합2780

토지인도 등

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 657,122,70 to the Defendant (Counterclaim Plaintiff) for KRW 657,122,700 and the amount from February 20, 2013 to July 4, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either in dispute between the parties or in full view of the overall purport of the pleadings on the witness E’s testimony, each entry of Gap evidence 1-5, Eul evidence 1-8 (including each number; hereinafter the same shall apply), and Gap evidence.

The defendant is a company established for the purpose of civil engineering, construction work, etc.

B. On January 2, 2012, the Plaintiff (hereinafter “instant construction”) constructed a new building (F building; hereinafter “instant building”) with the first and tenth underground floors (including a rooftop floor) on the Seo-gu, Gwangju (hereinafter “instant building”) in Gwangju (hereinafter “instant construction”). At the time of construction period from January 16, 2012 to July 15, 2012, the instant construction was in the state of construction price of KRW 2,079,000 for construction cost (including value-added tax; hereinafter the same shall apply) by Company G. As to whether the price for the underground ground destruction construction is included in KRW 2,079,000,000, there is dispute as seen below 2,079,000, as seen in the following two paragraphs.

the contract was made.

C. The instant construction contract included the following special agreements (hereinafter “instant special agreement”).

The agreement under the special agreement between "A (F building owner: A)" and "B (F building B)" (F building construction works) shall be concluded as follows:

1. The payment of the construction cost shall be made by the “B” and shall be made up to the fifth floor CY, and the Corporation thereafter shall proceed with the payment of the construction cost by the loan under the agreement between “A” and “B”.

The payment of construction expenses shall take precedence over the payment of the rental deposit or sales contract of a building.

2. The progress of the construction project, the management of the cooperator and the payment of the construction cost are the responsibility of “B”.

3. The alteration of materials and structure following the construction must require the consent of the supervision designated by the “A”, and the amount resulting therefrom shall be increased and decreased in accordance with the agreement between “A” and “B”.

In principle, construction shall be executed with the already submitted design or specifications, and the execution of the omitted part shall be subject to the consent of "A".