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(영문) 대구지방법원 경주지원 2021.03.31 2020가단12809
계약금반환
Text

1. The defendant's KRW 60,000,000 and about this, 5% per annum from August 5, 2020 to March 31, 2021 to the plaintiff.

Reasons

1. Facts of recognition;

b. Where there occurs an increase or decrease in the volume of construction due to a modification of design, the contract amount shall be adjusted according to the following standards:

(a)The unit price of the increased or decreased construction shall be adjusted at the time of the contract;

(b)The contract amount shall be calculated on the basis of the "written specifications for the calculation of the construction works and the reference amount".

Ex) In the event of an increase in the area (e.g., external and roofing materials, the increase in the area of windows, the alteration of interior, and other appurtenant works, the adjustment of the contract amount shall be made after consultation with the owner of the building and the contractor when it is necessary to adjust the contract amount due to the changes other than the terms of the contract.

e. Other matters. (1) Various persons to be charged under the name of the owner, / Facility Charges / Payment / Taxes/ Bonds, etc. shall be borne by the owner.

(Ex: Water facility cost, payment, expenses for entry and management by persons such as telephone, gas, telecommunication, security, etc., and power cost) (2) All design documents necessary for city subscription and permission shall be provided at the design office designated by the owner of the building, and all other documents and completion works shall take place under the responsibility of the design office.

(3) A contract for alteration shall be concluded when a contract amount becomes final and conclusive following the completion or alteration of design.

A. On August 1, 2019, the Plaintiff entered into a construction contract (hereinafter “the first contract in this case”) with the Defendant, with the total floor area of KRW 140,00,000,000,000 for KRW 600,000,000 for KRW 180,000 for KRW 1,000 for the first time when the construction starts, the second time when the construction starts, and the third time when the construction is completed, and the last time when the construction is completed, and the remainder amount of KRW 7,00,00,00 for KRW 3,00,000 for KRW 1,00 for the second time, the construction is completed, and the contract is paid to the Defendant a down payment of KRW 5,00,00 for the down payment.

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