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(영문) 수원지방법원 2016.06.17 2014가합5589
손해배상 등
Text

1. The Defendant’s KRW 656,386,209 as well as annual 6% from May 10, 2014 to June 17, 2016, and the next day.

Reasons

1. Basic facts

가. 원고는 도시 및 주거환경정비법상 주택재건축정비사업조합으로서, 용인시 기흥구 신갈동 86 일대 신갈주공주택을 철거하고 기흥 더�프라임뷰아파트(이하 ‘이 사건 아파트’라 한다)를 신축하는 사업의 사업주체이자 도급인이다.

The Defendant is a contractor who received a contract from the Plaintiff for the new apartment construction work of this case.

B. On July 24, 2009, the Plaintiff entered into a construction contract with the Defendant for new construction works of the instant apartment (hereinafter “instant contract”).

Article 2 (Scope of Construction Works) The scope of construction works to be executed by the defendant shall be within the scope of the site provided by the plaintiff to the defendant, and construction of apartment houses and auxiliary and welfare facilities (including civil engineering and maintenance basis facilities within the project area; hereinafter the same shall apply) within the scope of the final housing construction project plan (including the modified approval; hereinafter the same shall apply) approved by the head of the competent local government, within the scope of the site, in accordance with the contents and scope of the construction works specified in

Article 22 (Standards for Construction Works) (1) The construction standards for the defendant shall be based on the design documents approved by the head of the competent local government.

(2) The level of the completion of a member apartment for sale in lots shall be based on the stude table presented at the time of this contract, and the Plaintiff and the Defendant shall consult with each other to select the stude at least equal price within the extent that it does not involve any increase in the construction cost after reflecting the interiorland at the time of application of the stude.

(3) The closing level of an apartment sold in general shall be the same level as the members of the association (excluding items provided by the members in the table of the maths list).

Article 23 (Inspection, etc. of Building Materials and Materials) (1) Construction materials used by the defendant to the Corporation shall be Korean Industrial Standards Mark (KS), and materials for which no standard mark has been established shall be equivalent to standard goods or standard goods.

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