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1. The Defendant’s KRW 1,219,260 as well as the Plaintiff’s annual rate of 5% from December 18, 2012 to January 21, 2015, and the following.
Reasons
1. Basic facts
A. On April 4, 2012, the Plaintiff received a contract from the Defendant for the construction of a new construction of a five-story complex house located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant building”) with the construction cost of KRW 840,000,000 for the construction period, from April 4, 2012 to September 30, 2012 for the construction period, and from April 4, 2012 to September 30, 2012 for the delayed interest rate of KRW 1/1,00 for the construction cost per day.
(hereinafter “instant contract.” The instant contract provides that “The payment method of construction payment: 15,00,000 won in daily payment as down payment, and the sales proceeds as to the payment method of the construction payment.” As to the payment method of the construction payment, the instant contract provides that “The payment shall be made on the condition that the Defendant pays to the Plaintiff by sales proceeds.”
B. Meanwhile, on April 4, 2012, the date of entering into the instant contract, the Plaintiff and the Defendant agreed on April 4, 2012, which was the date of entering into the instant contract, to reduce the amount of KRW 110,000,000 from the construction cost of the instant case, instead of the Defendant’s execution, and the final construction cost of KRW 730,00
hereinafter referred to as the "agreement of this case"
The main contents of the above agreement are as follows.
1. Expenses for the floor construction of Dogs: 40,000,000 won;
2. Costs for construction of sanitary appliances: 13,000,000 won; and
3. Expenses for supplying and supplying hot water: 33,000,000 won;
4. Costs for landscaping construction: 4,000,000 won;
5. Roof-projecting and square expenses: 730,000,000 won in total, which deducts 110,000,000 won in total from 840,000,000 won in total, plus 730,000,000 won in actual construction expenses.
Paragraph (3) of the special terms and conditions of the construction contract incorporated into the contents of the instant contract provides that "all kinds of payments, public charges, design and supervision expenses, and construction completion inspection expenses necessary for the survey and completion inspection shall be responsible to the defendant." In relation to the completion of the instant construction project, the term "6. Housing tent is closed to the wood ceiling 9m m., the wood ceiling mold, m., the wood ceiling m., the wood ceiling m.
(Installation of a living room, crowdfunding, etc.). 7. Gambling shall be located in a remote area, and the living room month shall be installed, and points (other points) shall be located in the remote area.