logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2017.11.30 2015나22918
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

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

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

(2) However, as the Korea Urban Development Corporation, the first contractor of the instant project (hereinafter “Twit Industrial Development”) was at the risk of suspending the instant project due to the bankruptcy around November 2009, the Korea Urban Development Corporation, which was established for the purpose of the Urban Development Act, was designated as the implementer of the instant project pursuant to Article 11 of the Urban Development Act.

Accordingly, on December 1, 2010, the co-defendants of the first instance court, who were expected 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 constituted the Defendant A District Urban Development Project Normalization Council (hereinafter referred to as 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 Plaintiff for the construction of the land for factory on December 8, 2010 (hereinafter “instant construction work”).

(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, setting the amount of the contract per day for delay compensation to 3/1000 (hereinafter “instant construction contract”). 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, but subsequently changed the details of the construction contract, on November 29, 2013, and finally changed the construction contract with the amount of KRW 16.723 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”).

The main terms and conditions of the instant construction contract are as follows.

arrow