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(영문) 부산고등법원 2015.05.21 2014나3849
공사대금반환 등
Text

1. Of the judgment of the first instance court, the Plaintiff KRW 493,911,403 against the Defendant and its related thereto from February 5, 2013 to May 21, 2015.

Reasons

1. Basic facts

A. On June 25, 2012, the Plaintiff entered into a contract with the Defendant for the construction of the said apartment on June 25, 2012 (hereinafter “instant contract for construction”) with a view to carrying out a new apartment construction project on the ground of the Busan trigram Act, 499-3, 505-4, 947-1 (hereinafter “instant contract for construction”).

(1) On or before January 31, 2014, the standard contract date for private construction works: The amount to be supplied as KRW 1,631,08,00: the amount to be exempted, the amount to be assessed as KRW 11,289,120,000, the amount to be assessed as KRW 31,088,000,00 for value-added tax: The amount to be assessed as KRW 31,08,000,00 for value-added tax: The amount to be assessed as KRW 80,00: The rate to be assessed as described in the special contract date: 1,1,000,000 for delay as described in the special contract date: The amount to be assessed as follows:

B shall pay to the Plaintiff.

Provided, That where the inspection of completion has been delayed due to a cause attributable to the plaintiff and where the construction has been delayed due to any cause falling under any of the following subparagraphs, the compensation for delay equivalent to the relevant days need not

3. Where the commencement of construction has been delayed or suspended due to causes attributable to the plaintiff;

4. Where the Corporation was delayed due to reasons not belonging to the defendant's liability, on the other hand, a collateral security company is established on the instant construction site at the time of concluding the instant construction contract.

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