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(영문) 창원지방법원 통영지원 2017.02.15 2015가합447
하자보수금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 174,730,000 to the Plaintiff (Counterclaim Defendant) and its related amount from June 24, 2015 to February 15, 2017.

Reasons

1. Basic facts

A. The Plaintiff tried to newly construct 14 houses with the name of “D (hereinafter “D”) in the case of a company engaged in an engineering work business, building work business, etc., and the name of “D” (hereinafter “instant housing complex”).

(hereinafter referred to as the “new construction of this case”). (b)

As of November 25, 201, the Plaintiff and the Defendant drafted a contract between the Plaintiff and the Defendant on the contract for the completion of construction works inside and outside of the instant new construction works (hereinafter “instant termination works”). From November 25, 201 to July 25, 2012, the construction period was set at KRW 1,550,000 (excluding value-added tax) and the construction cost was set at KRW 1,550,00,000 (excluding value-added tax), and Paragraph 12 of the same Article read as “the 14 house completion works, and there is no increase or decrease in the construction cost due to a design change.”

C. The Plaintiff, as of January 10, 2012, concluded a contract for the completion of the instant housing complex with the Defendant as of January 10, 2012, entered into a construction contract, and entered into a construction period as from January 10, 2012 to July 10, 2012, the Plaintiff determined the construction cost as KRW 1,550,00 (excluding value-added tax) and entered into a contract with the Defendant as of July 10, 2012. In principle, there is no change in the design other than the contract specifications: Provided, That according to the contract specifications, the construction volume shall be calculated according to the actual quantity, the contract amount may be adjusted, and the contract amount may be adjusted according to the type

(hereinafter “instant construction contract”). Design outlines

2. Scope of the Corporation (WT SCOPE);

(a) Data and labor costs, and other cost-sharing works, including the cost of materials and labor costs, and other cost-sharing works that correspond to the design - see a contract statement - inside a building (14 residential buildings), outer finishing works, and underground parking lot - Installation and finishing works of a electric shutdown machine (building floor works);

(b) Design modification, among the above construction works, of the structure works, electricity and facility works, as well as of the construction finishing (in-house and out-of-door) works;

(a)in principle, contract amount cannot be adjusted in any case in accordance with a contract statement;

(b)a contract statement;

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