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(영문) 전주지방법원 2012.06.26 2010가합5655
공사대금
Text

1. Of the instant lawsuits, the part concerning the claim for KRW 353,276,418 and damages for delay shall be dismissed.

2. The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of construction business, etc., and the Defendant is a company established for the purpose of funeral home business, charnel house leasing business, and sales business.

B. On July 23, 2008, the Plaintiff was awarded a contract between the Defendant and the Defendant for the construction of a new building in the wing house or funeral home (including landscaping, packing, fence installation works; hereinafter “instant construction”) on the front city’s front city C, and D’s ground, with the construction cost of KRW 4.8 billion, the advance payment of KRW 254 million, and the construction period from July 23, 2008 to November 30, 2008; the delayed payment rate of KRW 1/1,00; the Defendant paid the Plaintiff the right to an enshrinement house with KRW 100,000 and KRW 2.5 billion on the ground, excluding the above advance payment, and the remainder of KRW 2.5 billion upon completion of the construction work; and the Plaintiff shall pay KRW 6.6 billion upon completion of the construction work as the deposit deposit.

(hereinafter “instant primary contract”). C.

On November 25, 2008, the Plaintiff entered into a contract with the Defendant to modify the terms of the instant first contract with the payment of the advance payment of KRW 344 million, the construction period from July 23, 2008 to March 26, 2009, and the payment of the advance payment of KRW 2 billion in the underground floor as a substitute for the construction cost of KRW 2 billion in the construction cost, respectively.

(hereinafter “instant secondary contract”). D.

On November 26, 2009, the Plaintiff changed the construction period from July 23, 2008 to February 15, 2010, and entered into a contract with the Defendant under the following special agreement: (a) the construction cost of the instant contract is KRW 4.47 billion; (b) the advance payment is KRW 100 million; and (c) the construction period is extended from July 23, 2008 to February 15, 2010; and (d) the contract under the special agreement

(hereinafter referred to as the “instant construction contract,” and which is combined with the instant first and second contracts, is referred to as the “each of the instant contracts,” subject to sound-a special agreement I.

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