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(영문) 수원지방법원평택지원 2015.12.16 2014가합3964
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from July 15, 2015 to December 16, 2015.

Reasons

1. The main text of the facts is to consider both a principal lawsuit and a counterclaim.

The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking into account the following facts: Gap evidence 1-1-6, Gap evidence 3, Gap evidence 4, Gap evidence 8, Gap evidence 11, Gap evidence 14, Gap evidence 18-1-3, Gap evidence 18-1-3, and Eul's testimony.

Around May 2013, the Plaintiff entered into a construction contract with the Defendant on the construction price of KRW 340,00,000 (excluding value-added tax) and the construction period from June 1, 2013 to March 30, 2014 (hereinafter “instant construction contract”) to create a site for a detached house on D forest land 6,612 square meters (hereinafter “instant forest”) in Ansan-si owned by the Plaintiff. The key contents of the terms and conditions of the instant construction contract are as follows, which are attached to the instant construction contract, as part of the instant construction contract.

Article 4 (Payment of Construction Amount) (1) The first intermediate payment: 155,000,000 (1) the first intermediate payment: 2) the 135,000,000 won (45.58%) the 135,000,000 won (payment in cash) the 2nd intermediate payment: 135,000,000 won (payment in cash) the 135,000,000 won (payment in cash and 85.28% of the progress of the construction, replacement with the stone expenses): 50,00,000 won (14.72% of the transfer immediately after completion of the construction and establishment of the bank): Article 7 (Determination of the amount of the Construction Work) the remainder (4) the 135,00,000 won

2. The composition of the total construction cost shall be KRW 1) the total construction cost of KRW 270,00,000 (substitute with building stones) the total construction cost of KRW 2), 3), drainage construction cost of KRW 4, 50,000,00,00,000, in total of KRW 50,000,000, in total of 7 design change cost of KRW 20,000,000, in total of 340,000,000;

3. Where there is no change in the total amount even though the quantity of construction work is increased or decreased due to a modification of design. Article 18 (Undesignated Designation)

1. B shall settle a civil petition due to a false petition or accusation filed by neighboring residents;

3.With respect to the extension of the construction period and the damage under paragraph 1, a decision shall be made with respect to A (Plaintiff) and B (Plaintiff).

Article 23 (Performance Delay)

1. B.

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