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(영문) 서울중앙지방법원 2018.04.04 2017가합549457
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant, from January 2017, promoted a new construction project of main multi-purpose apartment on the land outside C and seven parcels in Jung-gu, Seoul (hereinafter “instant project”).

In the process, on March 15, 2017, between the Plaintiff and the Defendant, a written contract for construction works (hereinafter “instant contract”) consisting of the following contents (only extracting only the parts related to the determination of the issues of the instant case) was drawn up:

Standard contract for private construction works

1. Construction name: Construction of new apartment complexes in the Jeju-dong main complex;

2. Location of construction: Seven parcels outside C of Jung-gu Seoul Metropolitan Government.

3. Scale of construction: 7,886,458 square meters (final area shall be the area obtained by obtaining final approval from the competent authority).

4. Period: 22 months from the date of commencement.

5. Contract amount: One hundred and thirty million won per one hundred and thirty thousand won per one hundred and thirty million won (including sing 11,930,177,980, including purchase added tax and value added tax, and construction cost of balcony expansion); and

8. Completion portion: At least once a month, cash.

9. Items and quantities of paid materials: 10. Warranty liability rate: 11. 1/100, as shown in attached Table 4 of the Enforcement Decree of the Framework Act on the Construction Industry: 20%/general conditions of the standard contract for private construction works: Contract documents shall be comprised of contract documents for private construction works, general conditions of private contract, contract for construction works, special conditions of construction works, design and calculation sheets, and shall have the effect of mutual supplementation.

Article 42 (Matters of Special Agreement) Other matters not provided for in this Agreement may be prescribed by a separate special agreement between the "A" and the "B".

Article 1 (Effect of Contract) of the Special Conditions for the Construction Contract (Effect of Contract) This Agreement takes effect upon the implementation of the PF Loans of the Korea Investment Savings Bank promoted by “A (Defendant).”

Article 2 (Loan) (1) For the smooth promotion of the Project, "B" shall be deemed "B."

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