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(영문) 광주지방법원순천지원 2016.06.16 2016가합10064
공사대금
Text

1. Defendant C&D Co., Ltd.: (a) KRW 266,631,00 for the Plaintiff and its related amount from July 1, 2014 to September 30, 2015.

Reasons

1. Details of a contract under Article 1 of the basic facts;

1. Name of contract: Civil engineering, construction, authorization and permission after partition of a parcel;

2. Location: Net City C, D, E, and F; and

3. Period of construction: Payment of the price for construction under Article 2 of the Contract Act (including surtax) from November 8, 2013 to June 30, 2014;

1. Until six parcels are sold, an amount calculated by dividing the total purchase price by six parcels on the balance payment date of the purchase price by 1:1 shall be paid the construction price according to the value of the construction price;

2. When it is divided into 15 parcels, expenses for the boundary, partition survey, and design (civil engineering, construction, and various authorizations) of each parcel shall be paid in advance by the credit rating committee, item (c) and (c) of the same paragraph; and

A (Defendant B) shall cooperate to facilitate civil engineering costs out of the purchase price after land transactions.

Article 3 Contents of Civil Works

1. Eul shall perform the construction works of stone embankments, water supply, electricity, communications, sewage, sewage, road works, etc.;

(including a building authorization). 2. The Corporation shall thoroughly carry out the basic design in accordance with the basic design and shall undergo a consultation supervision by A in order to prevent defective construction works.

On September 13, 2013, Defendant B entered into a contract for civil engineering works with Defendant C&D Co., Ltd. (hereinafter “Defendant C&D”), and the main contents thereof are as follows.

Article 1 (Purpose) This Convention shall determine an agreement in which members of the joint project undertakers mobilized land, finance, management, and professional human resources and promises to jointly carry out a project according to a certain allocation for the following real estate development.

1. Project name: A housing site development project;

2. Business site: Netcheon-si H, I;

3. Business size and use: 6,637 square meters, and a detached house site.

4. Use and disposal of developed real estate: Sale; and

5. The term of agreement: The members of the joint project undertakers under Article 5 (Obligation) of the date of completion of joint projects (date of lease or completion of sale) on October 1, 2013 shall utilize all necessary knowledge and skills based on good faith and faith to achieve the objectives set forth in Article 1.

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