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(영문) 부산지방법원 2015.10.08 2013가합19697
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for payment of KRW 307,742,150 and the period from December 25, 2013 to October 8, 2015.

Reasons

1. Basic facts

A. The parties-related Plaintiff is a corporation with the purpose of construction business, etc., and the Defendants are those who have a partnership business relationship with the content that they will newly construct and operate a D hotel (hereinafter “instant hotel”).

B. On April 30, 2012, the Plaintiff entered into the instant contract for the instant construction of the hotel (hereinafter “instant construction”) with the Defendants as follows.

Contract for Private Construction Works

1. Name of the Corporation: Seo-gu Construction of tourism accommodation facilities;

2. Construction site: Five parcels outside the Seo-gu Busan Metropolitan City.

3. Date of commencement: The date scheduled for completion on May 4, 2012: 340,000 won: 3,740,000,000 won: 3,400,000 won: 3,400,000 won: 340,000 won.

6. Guarantee for performing a contract: None;

8. End portion: Payment once a month at the fair rate (payment on the 10th of the following month after the end of each month); 1/10,000.

C. On March 14, 2013, the Plaintiff entered into the following modified contract with Defendant C (hereinafter “instant modified contract”).

Contracts for Private Construction Works (Modification)

4. Date scheduled for completion: The contract amount: 4,675,00,000 won: 4,250,000,000 won: The value of supply: 4,250,000,000 won: 425,00,000 won.

8. End payment: The balance of the construction work paid once a month at the fair rate (payment on the 10th of the following month after the end of each month): The payment shall be made immediately after loans secured by the first financial right after the completion of the building; 11. The rate of liquidated damages for delay: 1/1,000 special terms and conditions.

1.The terms and conditions of this estimate shall be the highest preference to the terms and conditions of the contract specified in the contract.

3. Conditions for the construction of interior works (the guest rooms, corridors, street rooms, and rooms of each floor), signboards and lighting works, home appliances (kiphones, water purifiers, rainets), guest-consumables, separated fire and greennets, E/V works, which are estimated and attached to the project owner's request for the part directly ordered by the project owner;

8. The payment of the electric power plant, the payment made by water supply facilities, the contributions made by the person who incurs the sewerage;

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