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(영문) 서울중앙지방법원 2015.01.16 2013가합30825
매매대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 75,540,685 to the Defendant (Counterclaim Plaintiff) and its related amount from December 11, 2014 to January 16, 2015.

Reasons

1. Circumstances leading to the dispute of this case;

A. On August 28, 2010, the Plaintiff contracted the Defendant with the construction of the instant multi-household building C (hereinafter “instant building”) on the ground of Bupyeong-si (hereinafter “instant construction”).

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

Meanwhile, the Plaintiff paid KRW 4,520,000 to the Defendant only for the construction cost of KRW 45,200,000, which is the construction cost of neighborhood living facilities during the construction cost.

[Contract]

1. Name of construction: Newly built multi-household housing in Bupyeong-si;

2. Place of construction: Bupyeong-si C;

3. Period of publication: 15 months from the date of permission for construction (scheduled January 15, 201).

4. Construction amount: 500,000,000 won.

5. Method of payment of construction expenses: The construction expenses shall be paid six times in total as follows:

1) When completion of aggregate construction: 20,000,000 won (j) is completed at the time of completion of aggregate construction: 80,000,000 won: (j) October 30, 2010 (j) 100,000,000 won at the time of carrying out external materials) (j) November 30, 2010 (j) 200,000,000,000 won at the time of carrying out interior materials) on December 20, 2010 (j) 100,000,000,000 won after completion of construction (the time of cleaning and completion of construction) after completion of construction, and when there is a change in the terms and conditions of construction and design, etc. (i) the alteration of the terms and conditions of the construction contract with the Plaintiff and the Defendant may adjust the construction period, and the construction cost shall be adjusted accordingly.

(2) Where unavoidable reasons arise to extend the construction period, the defendant may extend the construction period with approval from the plaintiff.

Article 5 (Observance of Contract Implementation) (3) Other matters except this Agreement shall comply with the provisions of the Framework Act on the Construction Industry and the Standard Contract for Construction Works.

Article 7 (Matters of Special Agreement)

2. Drawings shall be based on the estimated drawings which the project owner submits to the contractor for a project;

3. The small bank as referred to in subparagraph 2 may, if necessary, install provisional walls.

4. Installation of a hold room at a rooftop after completion of construction;

5. Studio-Opening (No. 2 Ra), 5 floors.

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