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(영문) 창원지방법원 2018.10.25 2017가합53463
공사보증금등반환
Text

1. The Defendant: (a) KRW 860,00,000 for the Plaintiff and 5% per annum from May 8, 2014 to August 21, 2017.

Reasons

1. Basic facts

A. 1) On May 18, 2012, the Plaintiff entered into the instant contract with the Defendant, the D Hospital building located in Kimhae-si C (hereinafter “instant building”).

) New construction works (hereinafter “instant construction works”)

(1) The contract for the construction work (hereinafter referred to as the “instant primary contract”) that is awarded a contract for the construction work of KRW 8,500,000 (excluding value-added tax).

The Plaintiff and the Defendant concluded the instant contract. At the time of the conclusion of the instant contract, the Plaintiff and the actual owner of the Plaintiff agreed to use KRW 1,50,000,000, which were leased to the Defendant as the purchase price of the building site as the performance bond for the construction of the instant contract, and concluded the instant contract for the additional construction up to May 25, 2012. The main contents of the instant contract, including the special agreement, are as follows: the date of commencement on June 1, 2012: the expected date of completion on December 31, 2013: the contract amount on December 31, 2013: 8.5 billion won (Additional construction cost separate, value-added tax separate), ① (30%) KRW 1,000,000,000 for the first (30%) (1,000,000 won) and ③ KRW 3 (9,000),00,000,000 won (50,000 won).

4. Performance guarantee for construction works (1.5 billion won): The same effect as the performance bond for construction works, refund (1) 30% as below: 50 million won: 60%: 50 million won.

5. Additional construction works: ① A contract for additional construction works: ① A contract for the additional construction works is to be concluded by May 25, 2012; ② A mechanical parking lot (electric installation alteration) (2) A facility heating and cooling (electric installation alteration) (3) Medical and gas conservation facilities (excluding the alteration of finished materials) (4) Medical and gas storage facilities. (8) An air ventilation system (cafeteria) an urban gas facility (cafeteria) (8) A removal of existing gas stations and (11) A pharmacy connected to waste (construction after the completion of construction of the existing gas station. (4) (1) A pharmacy (construction after the passage (construction after the completion of the existing gas station), (2) a window protection (change), (4) a common (LED equipment such as an equipment (changeD alteration) (14) a dynam system (limited to a change to a dynam system) and a bottle system (limited to a dynam system).

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