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(영문) 부산고등법원(창원) 2020.10.15 2020나11738
기타(금전)
Text

1. The part against the plaintiff in the judgment of the first instance, including the claim extended by this court, is as follows:

Reasons

1. Basic facts

A. On May 19, 2017, the Plaintiff between the Defendant (a trade name before the alteration: D) and the Defendant on May 19, 2017, and between the Plaintiff and the Defendant, the Plaintiff newly built the building E (hereinafter “instant building”) and the Defendant, the Plaintiff is a Class 1 and Class 2 neighborhood living facilities with the size of the 4th ground level above the ground level on the 644.8 square meters above

(A) The construction project is a new construction project; hereinafter referred to as “instant construction project”) entered into a contract for each contract with each of the construction cost of KRW 1,750,000 (excluding value-added tax; hereinafter the same shall apply) and the construction period from May 22, 2017 to January 30, 2018.

(hereinafter “instant contract”). (b)

The Plaintiff and the Defendant agreed to pay to the Plaintiff the amount calculated by multiplying the rate of 1/100 of the liquidated damages by the contract price (construction price) by the delayed number of days (hereinafter “instant liquidated damages agreement”), if the Defendant fails to complete construction works within the deadline for completion at the time of the conclusion of the instant contract (hereinafter “instant liquidated damages agreement”).

C. Following the agreement between the Plaintiff and the Defendant, on October 10, 2017, the construction price of KRW 2,00,000,000, and the construction period of the instant contract was changed from October 10 to January 30, 2018, respectively. The construction period on December 28, 2017 was changed from October 10 to April 30, 2018.

The completion agreement shall be prepared by the plaintiff and the defendant with respect to the F owner of the construction of the construction of the building E under the name of the construction work, which is the name of the construction work, in accordance with the results of consultation between November 26, 2018, the plaintiff and the defendant with respect to the F owner of the construction of the

- - Foods

1. Construction amount: Value added tax of KRW 2,200,000 ( KRW 2,200,000,000); and

2. Additional amount: Value-added tax (143,000,000 won) shall be included in the daily gold day.

3. Additional expenses for an additional amount: (Supply value x 5%) additional tax = 130,00,000 won x 5% x 13,000,000 won = 6,50,000 won x 19,500,000 won = 13,00 won.

4. Balance remaining after settlement = (the balance for additional construction costs) - Amount of mechanical apparatus = (2,200,000,000 won 19,500,000 won) - 1.

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