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(영문) 서울중앙지방법원 2015.11.18 2013가합91042
손해배상
Text

1. The Defendant’s KRW 477,101,307 as well as 6% per annum from January 1, 2014 to November 18, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a housing reconstruction and improvement project association established with authorization from the head of Mapo-gu under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of rebuilding the A1 and the second apartment on the land outside Mapo-gu Seoul and seven parcels, and five D apartment in Mapo-gu Seoul and 320 households in 320 (hereinafter “instant apartment”).

(2) The Defendant is the seller who newly built and sold the apartment of this case and the contractor who has ordered the Defendant to undertake the new construction of the apartment of this case as follows (2).

2) The Plaintiff, including the new construction of the instant apartment, shall undertake a reconstruction project of the A1 and the secondary apartment (hereinafter “instant reconstruction project”).

As to September 13, 2006, the construction period between the defendant and the defendant on September 13, 2006 is 27 months from the date of reporting the commencement of the construction; the construction contract amount is 40,896,44,500 won for the construction project; the expenses and the project cost are 9,637,000,000 won for the project; the average equity ratio is 130.02% for the construction project (hereinafter referred to as the “instant construction”); and the above contract is referred to as the “instant contract.”

A) A contract was concluded. The original contract amount of the construction project of this case was KRW 40,460,000 (excluding value-added tax), KRW 8,074,00,000 for the cost of the construction project and the cost of the project. However, on October 10, 2008, the Plaintiff and the Defendant entered into a modified contract with the content that the cost of the construction project shall be increased to KRW 8,974,00,000 for the cost of the construction project. On November 12, 2008, the contract was finally entered into for a modified contract with the content that the cost of the construction project shall be increased to KRW 40,829,44,50 for the cost of the construction project (excluding value-added tax), KRW 96,40,00 for the cost of the construction project (excluding value-added tax), KRW 9,637,00 for the cost of the project (excluding value-added tax), and the terms and conditions of the contract shall not be changed to the contract.

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