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(영문) 부산지방법원 2017.12.06 2016가합44588
공사대금
Text

1. Claim for 145,031,277 won and damages for delay for the new construction of charnels in the instant lawsuit.

Reasons

Basic Facts

The Defendant (formerly named: Incorporated Foundation C) entered into a construction contract with the Plaintiff on April 3, 2008, to newly build a charnel house (hereinafter “instant charnel house”) on D and one parcel (hereinafter “instant real estate”), including D (hereinafter “instant real estate”). The construction cost was KRW 1,430,00,000 (including value-added tax) and the construction period was from May 1, 2008 to May 28, 2009.

The first construction contract is called ‘the first construction contract'.

The Plaintiff and the Defendant entered into an additional special agreement on the timing and method of payment for the completed portion of the primary construction contract as follows.

Additional Terms and Conditions

1. The payment for the completed portion of the construction project shall be made with the highest priority in the amount deposited from the revenue generated from the sale of charnel houses in units;

2. Therefore, if the construction subsidy is deposited from E religious organizations, it shall be paid first as progress payment for the above construction work;

3. Since this contract is the amount of the contract for the construction work on the licence design drawing, if the modified drawings are prepared, the contract shall be modified by calculating the amount of the contract for the construction work on the modified design drawing.

4. Where the Defendant establishes and implements a joint business with a third party in the course of execution or a separate legal entity with a third party, the contract content between the Plaintiff and the Defendant shall be maintained as it is, and the contract content shall be changed only in the name of

5. Additional matters concerning construction works shall be dealt with separately through mutual consultation.

On February 13, 2009, the Plaintiff and the Defendant amended the above additional special agreement of the first construction contract as follows, and agreed on February 13, 2009 that the existing special agreement will lose its effect.

Additional Special Terms and Conditions (Modification)

1. The nature of the construction and the completion money to be paid by the Defendant to the Plaintiff shall be paid from the proceeds from the sale of the former and the latter and the latter and the latter and the latter.

Provided, That only once, the plaintiff and the defendant may pay part of the construction cost through consultation.

2. The method of the payment of the construction cost shall be the proceeds of sale.

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