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(영문) 인천지방법원 2012.06.01 2009가합23265

손해배상(기)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 7,253,968,00 and 5% per annum from August 2, 2007 to June 1, 2012.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction association established for the purpose of rebuilding a A apartment complex on the land outside Dong-gu, Incheon and 3 lots, and is the main business entity of the reconstruction apartment of the said land (hereinafter “instant apartment”) and the contractor.

On March 10, 2003, the Plaintiff and the Defendants jointly obtained approval for the housing construction project plan from the Jung-gu Incheon Metropolitan City Office, the competent authority.

B. On May 31, 2004, the Plaintiff entered into a construction contract with the Defendants for the construction of the instant apartment (hereinafter “instant contract”).

[The main contents of the contract of this case (explosion) construction: The scale of the construction work for the reconstruction apartment of Incheon apartment: 445,85.38. 107,492.29-29 of ground size, 103-dong and 8,934 of apartment houses of 12-37 from ground size, 103-dong and 8,934 of apartment houses, and ancillary welfare facilities: The construction cost for 38 months after the approval for the commencement of construction: the object of the construction (the object of the construction) shall be the subject of the project plan authorized by the competent authority, and if there is any subsequent modification to the construction plan, such as design change, it shall be subject to the approval for the modification.

Article 3 (Amount of Contract for Construction Work) (1) The contract amount of this project shall be determined as the average unit price of 2,582,600 won (construction cost: 2,458,600 won: 124,000 won) for the total floor area authorized by the competent authority under the conditions of design, separation contract for construction work, and shall not be modified unless there exists any agreement between the parties.

Details of construction cost shall be as follows:

(11) Of the cost of removal and disposal of existing buildings, Article 18 (Criteria for Construction) ① The Defendants shall construct an amount calculated by subtracting four billion won for the completion of the Plaintiff’s execution from the cost of removal and disposal of the existing buildings (including specifications) in accordance with the project approval drawings and project execution drawings (including specifications).