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(영문) 의정부지방법원 2019.08.21 2016가합2694
공사대금 및 건물점유회수
Text

1. The Defendant’s KRW 468,182,88 as well as the Plaintiff’s KRW 6% per annum from January 5, 2016 to August 21, 2019.

Reasons

1. Basic facts

A. On September 1, 2014, the Plaintiff entered into a contract for the construction of the building of five stories above ground (hereinafter “instant new construction”) with the Defendant and Yangju-si, and with respect to the construction of the building of five stories above ground on the instant land (hereinafter “instant land”). At the time, the Plaintiff entered into the said contract (hereinafter “instant contract”). At the time, the Plaintiff signed the said contract with D as to the construction of the building of five stories above ground (hereinafter “the instant new construction”) from September 15, 2014 to January 15, 2015 (hereinafter “E”). At the time, the Plaintiff signed and sealed the said contract with D’s seal impression as the corporation E (hereinafter “E”), and signed and sealed it as the field agent.

The main contents of the instant contract are as follows.

Standard contract for private construction works

3. Period of construction: Four months: The date of commencement: The date of completion on September 15, 2014: Contract amount on January 15, 2015: 690,000,000 won - Total floor area of 656 square meters, contract price: 1,051,830/m2: One thousand to five stories underground, and neighborhood living facilities.

5. Payment of the price;

(a) Advance payment: None;

The progress payment: 100,000,000 won at the time of performing 50% of the indoor and outer finishing work after the completion of the structural construction;

(c) Balance: To make a lump sum payment with financial right loans and sales price after completion of the building;

8. Rate of liquidated damages: 3/100 of the value of supply (matters under special agreement).

4. The defendant is not responsible for all kinds of expenses and contributions for new buildings, and due to the loan of financial rights to land, it does not impede the progress and completion of construction and shall be responsible therefor.

8. The construction period may be extended through consultation when the progress of construction works is not smooth due to a natural disaster while the construction works are in progress;

11. The amount of a contract for construction works shall be set to a third party designated by the contractor.

B. On September 2, 2014, the Plaintiff prepared and proposed to the Defendant a letter of undertaking that “to complete construction without suspending or delaying construction, except in cases of force majeure, such as natural disaster” (hereinafter “instant letter of undertaking”). However, the Plaintiff affixed the said E’s seal impression on the instant letter of undertaking and affixed E.

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