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Reasons
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(영문) 창원지방법원 2013.11.28 2013가합3705
공사대금
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1. The Defendant’s KRW 52,815,90 for the Plaintiff and 5% per annum from December 1, 2010 to November 28, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at manufacturing machinery and equipment, construction business, etc.

B. On August 2, 2010, the original and the Defendant entered into a construction contract for the construction of the factory site with respect to the instant real estate (hereinafter “instant construction”) around Kimhae-si and one parcel (hereinafter “the instant real estate”). The main contents of the construction contract are as follows.

The area of C 1,070 square meters (3,531 square meters) at the location Kimhae-si

1. As for the site A (the defendant; hereinafter the same shall apply), approximately KRW 500 square meters of the site A shall be divided and then the remaining site B (the plaintiff; hereinafter the same shall apply) shall be acquired by transfer;

1. The site A shall be divided into the road surface on the road;

1. A shall pay a site down payment of KRW 50,000,000 (50,000) in a lot to invest a KRW 200,000 (200,000) in a lot for non-public works, etc. of the site, and the remaining KRW 150,000 (150,000,000) in a lot shall be paid in two installments during the work;

1. Amount of KRW KRW 30,000,000 (30,000,000) remaining after August 2, 2010, the intermediate payment of KRW 200,000 (100,000) which was paid to Eul, at the time of completion of construction in August 31, 2010 (30,00,000);

1.All the Corporation shall be responsible for the execution of the Project.

1.Any construction works and the transfer of registrations shall be 120 days from the date of the contract.

1. B shall be paid to A KRW 10,000,000 (10,000) per share in profits;

1. A shall pay a construction cost, such as retaining walls and works, etc. to the site of A, calculated and paid for KRW 60,000 per square meter’s equity (60,000);

1. The expenses for design changes and services shall be 50% per 50% per 50%;

(Settlement after Completion of the Project).

From August 2, 2010 to February 10, 201, the Plaintiff received total of KRW 123,000,000 from the Defendant as the price for the instant construction contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the construction of this case was completed on November 30, 2010.

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