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(영문) 의정부지방법원고양지원 2019.05.30 2018가단8326
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Construction cost of basic facts 600,000,000 - 10% of the down payment: Within seven days after the contract is concluded - 10% of the first completed payment: Mabrost - 10% of the second completed payment: Mabrost - 15% of the second completed payment: External finishing - internal finishing - 20% of the last completed payment: 35% of the remainder - Article 13 [1] from July 18, 2015 to November 30, 2015 after completion of the construction work, the Plaintiff shall obtain approval from the relevant administrative agency upon confirmation from the construction supervisor for completion of the construction work. 2) At the same time, all administrative obligations on the Plaintiff’s completion of the construction work against the Defendant are extinguished.

4) Consultation on the difference and construction plan when changing the 6th roof construction including the 6th floor extension construction and the 5th floor additions for each household, and other design drawings.

A. On July 6, 2015, the Defendant entered into a contract (hereinafter “instant contract”) with the Plaintiff under which the new construction of the apartment housing of six stories on the ground of the Gangdong-gu Seoul Metropolitan Government D ground (hereinafter “instant building”) (hereinafter “instant construction”) was awarded a down payment of KRW 60,000,000 to the Plaintiff.

B. On September 9, 2015, the Plaintiff and the Defendant agreed with the Plaintiff on the direct performance of KRW 500,000,000, excluding KRW 100,000 ( KRW 40,000,000, out of the first progress payment of KRW 60,000) that was already paid out of the total construction cost, within the limit of the amount according to the terms and conditions of payment in the instant contract, to the extent of the amount set forth in the terms and conditions of payment in the instant contract, on the part of the Defendant’s direct performance on the basis of a written consent

(hereinafter “instant direct payment agreement”) C.

On October 6, 2015, the Plaintiff and the Defendant promised to complete the Plaintiff’s liability in accordance with the instant contract, and extended the completion date of the instant construction to December 20, 2015, but the same reasons are the same as the impossibility of completing the responsibilities.

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