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(영문) 창원지방법원마산지원 2015.08.21 2014가합314
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) District Urban Development Project Cooperatives and the District Urban Development Project Normalization Council shall be jointly and severally held;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Parties 1) Defendant District Urban Development Project Association (hereinafter “Defendant Association”)

(A) The owner of the land in the G District A zone urban development zone in the Yangsan City City City (hereinafter referred to as the “instant project”).

2) However, the Korea Development Corporation, the first contractor of the instant project, was at the risk of suspending the instant project due to the bankruptcy around November 2009, as the Korea Development Corporation, was designated as the implementer of the instant project pursuant to Article 11 of the Urban Development Act as an association under the Urban Development Act, which was established for the sake of the Republic of Korea.

Accordingly, on December 1, 2010, the Defendant Union and the other Defendants (hereinafter “the remaining Defendants of this case”) other than the Defendant Union and the Defendant District Urban Development Project Normalization Council (hereinafter “Defendant Council”) who were scheduled to occupy the factory site to be developed by the instant project from the members of the Defendant Union, concluded a normalization agreement to normally carry out the instant project and form the Defendant Council.

B. On December 8, 2010, the Plaintiff and the Defendant Union entered into a contract for construction work with the Plaintiff and the Defendant Union for the construction of the factory site to construct the factory site due to the Defendant Union and the Yangsan-si Urban Development Project in the Yangsan-si Seoul Metropolitan City (hereinafter “instant construction”).

(1) As to the construction contract, the Plaintiff and the Defendant Union concluded a construction contract with the amount of KRW 14.3 billion (including value-added tax), the construction period from December 15, 2010 to December 14, 201, by setting the amount of contract per day for delay compensation, as 3/1,000. The Plaintiff and the Defendant Union changed the details of the construction contract and the construction period among the contents of the construction contract several times thereafter, and subsequently changed the construction contract with the amount of KRW 16.23 billion (including value-added tax) and the construction period from December 15, 2010 to November 30, 2013 (hereinafter collectively referred to as the “instant construction contract”).

A. As to the instant construction contract, the contract is concluded.

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