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(영문) 부산지방법원 2014.05.01 2013가합4541
공사대금등
Text

1. The Defendant’s KRW 140,790,757 and its weight to the Plaintiff:

A. From March 15, 2013 to May 1, 2014, for KRW 95,790,757

Reasons

1. Basic facts

A. Conclusion of the instant contract

2. Project outlines - Building scale: The project outlines of one story below ground, five stories above ground (3,00 square meters in total floor area), and 430 square meters in a structure parking lot may be changed to a building authorization and permission process, design modification, etc.

3. Date of commencement of the project: The date of completion of the project on November 4, 2008: The contract amount on June 30, 2009: 3,165,000 won (excluding value-added tax) - the contract amount on the contract amount, if only the design and supervision expenses and the construction expenses are applicable, the contract amount shall be executed by the contractor.

8. A completed amount: It shall be paid once a month at the request of a contractor, and shall be paid in cash.

9. Warranty liability ratio: Three percent of the contract amount, and the warranty period shall be three years;

11. The rate of liquidated damages: 1/1,00 of the contract amount (with respect to the delay of construction on one day): 5% (one day of the delayed price) per annum; 13. Other matters; - The above contract amount shall, in principle, be the contract for the alteration of the settlement according to the alteration of the scale of the building, be dealt with through mutual consultation.

- The registration of real estate development business under the Act on the Management and Promotion of Real Estate Development Business shall be registered by the contractor, and the payment shall be made in principle by 2% of the total sales.

(1) On November 4, 2008, the Plaintiff and the Defendant concluded a contract with respect to the construction of the construction of the Flue-gu B building in Busan (hereinafter “instant building”). The main contents are as follows.

(2) On December 1, 2008, the Defendant obtained permission from the head of Geumcheon-gu Busan Metropolitan Government to construct B buildings with a size of 2,984m2 in the construction site, and the Plaintiff registered as real estate development business operator under Article 4 of the Act on the Management and Promotion of Real Estate Development Business on October 31, 2008.

(3) The Plaintiff and the Defendant commenced the instant construction work around January 2, 2009.

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