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(영문) 서울중앙지방법원 2018.07.13 2016가합520602
공사대금
Text

1. Of the instant lawsuit, the part of the Plaintiff Company A’s claim amounting to KRW 230,952,839 is dismissed.

2. The defendant,

A. The plaintiff.

Reasons

1. Basic facts

A. The defendant is a regional housing association established for the purpose of engaging in the business of newly constructing and selling an apartment after purchasing the land of the Dadong-gu in Daegu-gu Ddong-gu (hereinafter "the project of this case").

On June 9, 2015, on the basis of Article 32 of the former Housing Act (amended by Act No. 13435, Jul. 24, 2015) and relevant Acts and subordinate statutes, the head of the Daegu Suhyup District Office authorized the establishment of a housing association against the defendant.

B. The Plaintiff A Co., Ltd. (hereinafter “Co., Ltd.”)’s indication is entirely omitted, including the conclusion of a construction contract between the Plaintiff Co., Ltd. and the Defendant.

around November 25, 2014, the Promotion Committee for the Establishment of the Defendant (representative E; hereinafter referred to as “Defendant Promotion Committee”).

B) As to the instant project, the Defendant Promotion Committee decided to newly build two housing exhibition halls in order to carry out the instant project, and concluded a contract for construction work with the Plaintiff A to contract the said new construction with the following content (hereinafter “instant contract, and the building that the Plaintiff first agreed to be constructed for each construction period is the first model lower of the instant first model, “the building that was to be constructed after the construction” is the second model lower of the instant case.

. Contract agreement documents;

1. The name of the construction: (tentative) C Housing Association model hybrids;

2. Place of construction: (j) One floor (G Model Haws) of the F Building in Daegu-dong-gu, Daegu-gu, Daegu-gu, and four parcels, other than H, of the Daegu-gu, Daegu-gu, and four parcels;

3. Construction period: (1) 3,850,000 won (including value-added tax of 350,000,000 won) from November 26, 2014 to December 19, 2014 (2) to May 30, 2015;

5. Article 17(Payment) of the General Conditions for the Contract at the time of the completion of the second model voucher (Payment) 1,400,000 won for the remainder 1,400,000 won for the intermediate payment of 60% or more of the members of the association (payment of 2% or more of the members of the association) 1,050,000 won for the intermediate payment of 60% or more of the members of the association (payment of 3% upon completion of the second model load deliberation) 1,40,000 won for the remainder 1,40,000 won.

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