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(영문) 수원지방법원 2016.02.18 2015가합2259
공사대금
Text

1. The Defendant’s KRW 248,791,669 as well as 6% per annum from January 1, 2015 to February 18, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 5, 2014, the Plaintiff entered into a contract for new construction of multi-household housing with the Defendant on the following special terms and conditions, as the contract amounting to KRW 63,5160,000 (including surtax) and the construction period from February 5, 2014 to June 30, 2014, the Plaintiff entered into a contract for new construction of multi-household housing with the Defendant:

(2) On March 3, 200, the construction project is the construction project of this case, and the construction project of this case is the construction project of this case, and the construction project of this case includes all construction works, including construction, machinery, electricity, fire-fighting, telecommunications, landscaping, design expenses, etc., and construction site rearrangement, and installation and removal works (excluding urban gas outside works). 4. The construction project of this case provides a site and the plaintiff will provide the land and execute the construction project in accordance with the drawings and specifications, and as the both parties agreed, it is impossible to sell or lease the land and make a loan from the community credit cooperative that occurred in advance. As such, it is in principle that the defendant agreed to grant a loan of 150 million won and 10 million won to the plaintiff from the first financial right after the cancellation of the establishment of the copy of the loan and the creation of the loan copy.

(including value added tax). After completion, it is agreed that the construction cost will be received through financial loans at the expiration of 60 days due to low-end rent or sales. 6. Payment of the construction cost and settlement method (A.) The construction cost will be settled in terms of the deposit for multi-household housing after approval for use. (b) The second and third floors shall be, in principle, preferential, but may be sold in lots, and the sale price shall be based on local market price.

(C) The fourth and fifth floors shall take precedence over the lease on a deposit basis in principle, but the sale price shall be based on the local market price. D) The amount of the deposit for lease on a deposit basis shall be 70% of the sale price.

7. The design supervision costs shall be paid in advance and settled in lieu of the project owner in the course of a project;

8. Standards for specifications, drawings, and materials conclusion lists attached when a contract is concluded;

(b) The drawings shall be deemed as planning drawings, and shall be based on the licence and construction drawings.

The plaintiff, including the completion of construction works, shall be the plaintiff on 2014.

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