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(영문) 서울중앙지방법원 2016.09.21 2014가합596377
공사대금
Text

1. Of the instant counterclaim claim, the Defendant (Counterclaim Defendant) confirmed the absence of preferential right to benefit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The subject industry of the Defendant is an A2-2 block A2-2 of the Housing Site Development Zone in Namyang-si, Namyang-si, as the subject industry of the Defendant (13 units, 753 units, hereinafter referred to as the “instant apartment”).

2) The Plaintiff is a company that newly built and sold the instant apartment construction work from the Defendant’s target industry.

3) On June 25, 2009, the Defendant Korean Asset Trust concluded a trust agreement with the Plaintiff, the Defendant’s subject industry, and succeeded to the status of the executor and the contractor from the Defendant’s subject industry. (B) On June 25, 2009, the Plaintiff entered into a contract with the Defendant’s subject industry and the instant apartment construction project (including value-added tax), which set the contract amount of KRW 148,38,398,40 (including value-added tax) and the construction period of the instant apartment (hereinafter “instant contract”).

2) The main contents of the instant contract are as follows. Article 5 (Bearing of Expenses)

1. The industries subject to the defendant shall bear the expenses to be borne by the defendant-related industries, such as national taxes and local taxes, various bonds purchase expenses, initial acquisition tax of buildings, acquisition tax, registration expenses for preservation, sewage treatment charges, school site charges, metropolitan transport facility charges, regional heating charges, etc., all contributions and personal construction charges, such as water supply, gas, and electricity, waste disposal fees, guarantee fee for the sale of housing sites, apartment house loan interest payment, soundproof wall installation expenses, construction expenses, construction expenses, financing expenses, interest on loans from financial institutions, unsold housing, expenses related to traffic impact assessment, and other expenses to be borne by the defendant-related industries, among the expenses incurred in relation to the promotion of projects;

Article 16 (Change or Suspension of Construction Work)

1. The plaintiff falls under any of the following subparagraphs after entering into a contract:

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