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(영문) 서울중앙지방법원 2016.07.15 2014가합8849
공사대금
Text

1. The Defendant’s KRW 341,981,550 for the Plaintiff and KRW 2.97% per annum from November 23, 2013 to July 15, 2016.

Reasons

1. Basic facts

A. 1) The entry of the instant construction contract into the agreement is omitted on the part of the Plaintiff’s Liber Sales Services Co., Ltd. (hereinafter “Co.”).

(3) On September 23, 2009, G land E, F, and G (hereinafter “instant project site”) in Sungnam-si, Sungnam-si, G, etc. (hereinafter “instant project site”).

2) The H development project consortiums (hereinafter “instant association”) for the purpose of constructing and operating a new building on the ground.

(2) On December 15, 201, the Defendant formed a contract for construction (hereinafter “instant contract”) with respect to the construction of A, B, and D three identical buildings on the ground of the instant project site by setting the period from December 15, 201 to March 31, 201, with the instant association contract amounting to KRW 31.79 billion (including value-added tax) and the construction period from December 15, 2011 to March 31, 2013.

3. The main contents of the instant contract are as follows:

Contract for Construction Works

1. Construction name: Construction of the consortium (A, B, and D Dong) for the H development project;

2. Location of the construction: Gyeonggi-do area E and two parcels (J in the area for urban support facilities in I).

3. Details of construction: - Total floor area of 7,345.80 square meters - 35,513.28 square meters (A Dong, B Dong, D Dong (Ground)) - The fourth to nine floors underground;

4. Period of construction: From the contract date to March 31, 2013 (Provided, That when a project owner requests the partial use of the project owner from January 2013, the contractor shall complete the procedures for approval for temporary use and make it possible to move into the project after completing the procedures for approval for temporary use approval).

5. Contract amount: 15 percent (60 days from the date of approval for use, including VAT) of the contract amount per 3/1,000 of the total contract amount for delay, for every 13th day. of the total contract amount, 3/1,000 of the contract amount; 15 percent of the contract amount (60 days from the date of approval for use, referring to 31,790,000,000);

B. On January 31, 2012, the instant construction and the instant association, including the instant contract modification, are included in the instant contract.

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