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(영문) 부산고등법원 2019.12.05 2018나56513
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuit, the part concerning the claim for the confirmation of existence of obligations.

Reasons

1. Standard contract for private construction works;

1. The name of the construction project: The construction project for 10-household complex with three generations in Ulsan-gun, Ulsan-gun;

2. Place for construction: Ulsan-gun C

3. Date of commencement: Seven months from the date of commencement.

5. Contract amount: 10. Warranty liability (in the case of a multi-purpose type, the classification by type of work) set as the warranty period under the Framework Act on the Construction Industry in lieu of a warranty period of construction 3% of the contract amount by type of work (excluding value-added tax) and the warranty period of 28,50,000 of the contract amount by type of work; 10. Warranty liability (in the case of a multi-unit type of work, the classification by type of work): 24% per year (in the case of a balance after completion of the construction), 13. Other matters: 24% per annum (in the case of a construction work, the balance after completion of the construction work) 13.

(2) The separate amount shall be calculated as KRW 197,300,000,000, for household appliances and additional interior expenses.

The Plaintiff, on the ground of Ulsan-gun Group C (hereinafter “instant land”) owned by the Plaintiff, planned to construct a multi-household 10 building (hereinafter “instant building”) with respect to the construction of the instant building on July 8, 2016, the Plaintiff drafted a contract agreement with the Defendant as the contractor with respect to the construction of the instant building (hereinafter “instant construction”).

(hereinafter referred to as “the first contract of this case” and its main contents are as follows).

The Defendant did not receive KRW 591,810,100 out of the construction cost of the instant construction project from the Plaintiff. Of the said construction cost, the Defendant claimed that there was a claim for the outstanding amount of KRW 622,423,100 (= KRW 591,810,100, KRW 30,613,00) to the Plaintiff, the owner of the instant construction project, as the Defendant paid KRW 30,613,00 to the Plaintiff, which is the owner of the instant construction project, and filed an application for a payment order with the Ulsan District Court 2017 tea2080 against the Plaintiff.

The above court held on July 4, 2017 that the plaintiff 622,423,100 won and the defendant.

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