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(영문) 서울중앙지방법원 2014.02.12 2013가합521925
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) Construction Co., Ltd., and KRW 251,167,784 among them and KRW 223,914.

Reasons

(b) the facts of the basis;

A. On October 24, 2011, the Plaintiff entered into the instant contract between the Plaintiff and Defendant Manho Construction Co., Ltd. (hereinafter “Defendant Manho Construction”).

) The construction of new buildings and commercial buildings in Gwangju City D, E, F, G, H ground (hereinafter referred to as the “instant building”) and the construction of new buildings is referred to as the “instant construction”.

B) A contract was made between the Plaintiff and Defendant Ho Construction with the total construction cost of KRW 797,00,000, the construction period from October 24, 201 to March 15, 2012; the warranty period of two years from October 24, 2011 to March 15, 2012; and the warranty bond rate of 3% from the construction cost (hereinafter “instant contract”).

2) Of the terms and conditions of the instant contract, the content pertaining to the instant case is as follows.

Matters of special agreement* Civil construction cost is included in the construction cost.

* The construction cost shall be included in the tax invoice, and the value-added tax shall be paid by the contractor for the first floor.

* Until the completion of the written consent to use, the contractor (Plaintiff) will only pay the warranty bond and the expenses to be incurred in preparing the warranty.

* 70% of the total construction cost under the terms of payment of the construction cost shall be paid at the time of completion, and 30% shall be paid after sale.

After the completion of the primary civil works, 30% of the total amount, 180 million won, and 220 million won (40%) after the completion of the primary civil works shall be paid after the completion of the 3rd construction work.

10,000,000 won (30%) after the fourth sale in lots.

(30%) (30%) Article 21 (Security) (1) of the General Conditions of the Standard Contract for Construction Works: B shall pay the amount calculated by multiplying the contract price by the defect repair deposit rate as set forth in the contract (hereinafter referred to as “liability bond”) by the contract amount, as cash or any of the following certificates, until the price for the construction is paid after the completion inspection:

1. Certificates from the Construction Mutual Aid Association;

2. A guaranty insurance policy for Defendant 3 is the instant construction.

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