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(영문) 서울중앙지방법원 2015.06.25 2014가합16826
부동산인도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall deliver to the Plaintiff each real estate listed in the separate sheet.

2...

Reasons

Basic Facts

1) The Plaintiffs entered into the instant contract and the amendment contract 1) The land indicated in attached Table 1,353m2 (attached Form 1; hereinafter referred to as “instant land”) in Seo-gu, Incheon.

(2) On July 23, 2012, the Plaintiffs concluded a contract to newly construct a building specified in attached Table 2 (hereinafter “instant building”) on the land between the Defendant and the Defendant for the total amount of KRW 9,735,00,000 (including value-added tax) and KRW 15 months after the commencement of the completion plan for the completion of the instant construction project (hereinafter “the instant first contract”).

The main contents are as follows:

Contract for Construction Work

1. Construction name: New construction of Incheon Dtel;

2. The construction site: Seo-gu Incheon Metropolitan City D.

4. Date scheduled for completion: 15 months after commencement.

5. Contract amount: The sum of money which is KRW 9,735,000,000 (including value-added tax) - Amount of money which is supplied: The sum of money which is KRW 8,850,000 (Won 8,850,000,000) - Amount of value-added tax: The amount of money sold in single gold sale (Won 885,00,000,000); and

6. Advance payments: Japanese gold death, selling price, KRW 100,000,000 (Won 486,750,000) (including surtax); and

7. Progressed amount: Payment every month.

8. Warranty liability: 5% of the contract amount for construction work;

9. Rate of liquidated damages: interest rate of delay in the payment of the price on October 1, 100 per day for the term contract amount: 9% per annum; other matters: Article 4 [Contract Documents] of the General Conditions of the Contract for Construction Works: Contract for Construction Works; Contract for Construction Work; Contract for Construction Work; Contract for Construction Work; Special Conditions of the Contract for Construction Work; and mutually complementary documents.

Provided, That if the contract terms conflict, the special conditions of the contract shall take precedence over the general conditions of the contract.

(2) Any notification document, etc. between parties to a contract under the conditions as prescribed by this condition shall have the effect as a contract document.

Article 5 [Deposit for Contract] ① The defendant concludes a contract bond equivalent to 10% of the contract price in order to guarantee the performance of the contract.

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