logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2013.04.11 2012가합2652
공사대금 등
Text

1. As to the claim for construction cost equivalent to the increase in construction cost, reflecting price fluctuations in the progress payment in the instant lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of building work business and civil engineering work business, and the Defendant is a corporation established on October 20, 200 in order to implement a land readjustment project with respect to the land size of 922,215 square meters in Gwangju-si, Gwangju-si.

B. The Defendant entered into a contract for construction work on April 19, 2005 with Nonparty Frand Construction Co., Ltd. in relation to the said land readjustment project, but the construction work was subsequently suspended after April 2007 due to the financing shortage of Flad Construction.

C. On January 14, 2011, the Plaintiff entered into a contract with the Defendant for a construction project that the Plaintiff was delegated by the Construction from the Construction on the part of the remaining construction cost of the Franchis Construction to perform from January 14, 201 to May 14, 201 (hereinafter “instant contract”). Meanwhile, the Plaintiff agreed to repay the principal to the Defendant within six months when the Plaintiff commenced the instant construction project within 20 million won on the same day while lending KRW 200 million to the Defendant.

The Plaintiff’s commencement of construction works on January 20, 201 and on April 19, 2011, equivalent to the total of 71.46% (one-time period), and the same year.

5. Although the process was completed from 86.72% of the total amount of 14.1 to 15.2% (i.e., twice each time, 15.26%), on August 24, 201, the Defendant and the Defendant did not receive a total of 4,359,000,000 won for each progress payment from the Defendant (hereinafter “the progress payment in this case”), assessed the total of 7916.4m2, including the Category 1 Residential Area D Lot, from among the development recompense land in the said land readjustment project, as KRW 4,380,71,640, the difference was paid as substitute goods, and the difference was 21,71,640 won (i.e., 4,380, 711, 640 won - 4,359,000,000 won from the Defendant loaned to the Plaintiff, and thereafter, the Defendant agreed to complete the registration of ownership transfer.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, 4, 7, 9, 10, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), witness E.

arrow