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1. The Defendant’s KRW 92,065,567 as well as the Plaintiff’s annual rate of 6% from February 3, 2016 to February 7, 2017, and the next day.
Reasons
1. Basic facts
A. 1) On December 30, 1999, the Defendant entered into a contract for work, which is a national rental housing complex B, Dong-dong, Seoul (hereinafter “instant housing complex”).
(2) On February 27, 2009, the Defendant contracted the instant housing site development project (hereinafter “instant construction”) to the joint contractors (including Plaintiff 51%, and D 49%) composed of the Plaintiff and D Co., Ltd. (hereinafter “D”) (hereinafter “D”), a minimum bidder on February 27, 2009, through a tendering procedure, for the construction of the housing site in the instant housing complex (hereinafter “instant construction”).
In addition, on April 25, 2013, a contract was concluded between the above parties to increase the contract amount to KRW 24,722,800,000.
(hereinafter referred to as the “instant contract”). Details relating to the payment for completed portion among the general terms and conditions of the instant contract are as follows:
Article 39 (Payment of Price for Nature) (2) The main subscription shall be paid to the contractor within seven days from the date on which the inspection is completed by settling the price for completedness according to the inspected contents.
Provided, That if the contractor claims the payment of the price after the inspection is completed, it shall be paid within seven days from the date of receipt of the request.
3) The total area of the housing site created by the instant construction project (hereinafter “instant construction area”).
3. “National housing” means housing constructed or improved with funding from the National Housing Fund under Article 60 and used exclusively for residential purposes (hereinafter referred to as “exclusive residential area”). Of the instant construction area, the term used in this Act is defined as follows:
(4) On the other hand, Article 106(1)4 of the Restriction of Special Taxation Act provides that the portion supplied for the construction of “national housing” as prescribed by the A shall be 11,028 square meters. On the other hand, the said construction cost shall be 85 square meters or less per house or household.