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(영문) 춘천지방법원속초지원 2015.10.29 2012가합67
공사대금 등
Text

1. The Plaintiff:

A. As to Defendant B Co., Ltd.: KRW 3,414,730,262 and KRW 3,303,669,840 among them, Defendant B Co., Ltd.

Reasons

The main lawsuit and the lawsuit of independent party intervention shall be considered together.

1. Facts of recognition;

A. The progress of the instant project 1) The Defendant Mutual Association is an apartment building on the ground of the land outside the Sinsi-si and 103 lots (hereinafter “instant apartment”).

) A housing reconstruction project newly built (hereinafter referred to as “instant project”)

The purpose of promoting the project is to establish an association pursuant to Article 44 of the former Housing Construction Promotion Act (amended by Act No. 6916 of May 29, 2003) and to obtain approval for the establishment of a new market on December 15, 1995. Thereafter, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6852 of December 30, 2002; hereinafter “Urban Improvement Act”).

(2) As of July 1, 2003, as of August 12, 2003, the Defendant Union entered into a contract with the Intervenor for the construction work of the instant apartment (hereinafter “instant construction work”) with the construction cost of KRW 32 billion on September 1, 2003, with the construction cost of the construction work as to the construction work of the instant apartment (hereinafter “instant construction work”).

3) On February 16, 2005, the Plaintiff between the Intervenor and the Intervenor, and the Intervenor, shall enter into the first subcontract for the pelpel works among the instant construction works (hereinafter referred to as the “first subcontract”).

A) The Plaintiff entered into a contract. The construction cost is KRW 350,00 per square year. Of approximately 11,150 apartment units, KRW 1,270,50,500 equivalent to the construction cost (i.e., KRW 3,630 + KRW 350,000), the Plaintiff’s total construction cost was determined as KRW 4,029,550,000 (= KRW 1,270,500, KRW 127,050,000 - KRW 350,630) x 350,000 ( KRW 11,150 - 3,630) x 350,000) x 350,00 among the total construction cost of the instant apartment units. The Plaintiff continued to perform the instant construction work on December 1, 206; and the Plaintiff suspended the construction work on the aggregate of KRW 13,140,206.

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