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(영문) 부산지방법원 2017.12.07 2016가단343417
공사대금
Text

1. The Defendant’s KRW 105,803,832 as well as 6% per annum from July 1, 2016 to December 7, 2017 to the Plaintiff.

Reasons

(2) In February 2016, the Plaintiff and the Defendant agreed to extend the floor area of the instant building into 840 square meters by extending the three floors of the instant building into 62 square meters, and agreed to extend the total floor area of the instant building into 85.1 square meters at the end of March, 2016, and agreed to extend the total floor area of the instant building into 875.1 square meters by extending the total floor area of the instant building into 35.1 square meters at the end of March, 2016 (hereinafter “the instant additional construction”).

Secondly, on May 30, 2016, when the Plaintiff completed both the initial construction and the additional construction, the Plaintiff and the Defendant concluded a modified contract containing the following contents: (a) plus the construction cost of KRW 656,00,000 as stipulated in the original contract of this case; and (b) set the construction cost of the instant additional construction cost of KRW 160,000,000; and (c) including the additional construction cost:

(hereinafter “instant modified contract”). (hereinafter “instant modified contract”).* Contract amount of KRW 816,00,000 (excluding value-added tax)* Construction period of November 30, 2015 to May 31, 2016 * Special agreement under the modified contract

1. The amount of extension and design modification shall not be thereafter raised, on the ground that it has been determined (excluding KRW 160,000,000, and value-added tax) under mutual agreement on the detailed standards;

(2) On May 2, 2016, the payment of the construction cost is to be made in full at the order of 40,000,000 won prior to the receipt of the completion of the construction and at the same time after the completion of the bank loan, and the Plaintiff issues a defective guarantee under the contract.

3. Construction expenses, water tank pressure pumps, and substitute stone-mixed at the entrance of a stairs room shall be constructed before the price for remainder is received;

x. The Plaintiff completed both the initial construction and the additional construction, and the Defendant obtained the approval for the use of the competent authority on June 15, 2016 regarding the instant building.

(v) on July 1, 2016, the Defendant completed the registration for the preservation of ownership of the instant building; and the Busan Bank, Inc., Ltd., on the same day, shall complete the registration for the establishment of a mortgage over the maximum debt amount of 3,780,00,000.

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