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(영문) 서울중앙지방법원 2015.06.04 2013가합552554
공사대금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) A, a housing redevelopment and consolidation project association is 6,755.

Reasons

Basic Facts

On October 23, 2007, the Defendant Cooperative, which entered into the instant contract, entered into a contract on apartment and welfare facilities (hereinafter “instant apartment”) to be constructed on the Plaintiff and the said site (hereinafter “instant apartment”).

Since then, on November 2009, the Plaintiff entered into a contract for the change of the construction contract with the Defendant Union (hereinafter “instant change contract”) and changed the construction cost to KRW 3,980,000 per square year, and the matters not specified in the said contract were to comply with the instant original contract.

The main contents of the instant original contract and the instant modified contract are as follows.

Article 2 (Business Outline)

1. Construction name: New construction of a housing redevelopment improvement project in a zone A;

2. Location: Dongjak-gu Seoul Metropolitan Government G Group;

3. Site area: 55,536 square meters; and

4. Total floor area: 152,592 square meters (standards for authorization for a project implementation);

5. The usage rate: 227.71%.

6. A building plan;

(a) Scale: Article 3 (Construction Costs) (1) The unit cost for the usual construction of a building facility (a apartment, underground parking lot, and auxiliary welfare facility) shall be KRW 3,980,000 per square meter on the date of concluding the contract, and the total construction cost shall be calculated by multiplying the final total floor area approved by the head of the competent Gu, by the unit cost for the usual construction;

Provided, That value-added tax on buildings (including appurtenant facilities, such as underground parking lots), commercial buildings, etc. in excess of the scale of national housing shall be separately imposed.

(3) The unit price for construction works referred to in paragraph (1) shall be calculated according to the terms and conditions of the project, such as the total floor area, availability rate, construction plan, and geological conditions described in Article 2, and shall be adjusted when such conditions change.

(4) Except for the adjustment of construction expenses under Article 6, no increase in construction expenses due to price increase, etc. after commencement.

Article 4 (Scope of Construction Works) (1) The scope of construction works included in the unit price of the ordinary construction works referred to in Article 3 or (1).

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