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(영문) 광주지방법원 2015.01.23 2013가합4908
양수금
Text

1. The Defendant’s KRW 41,774,620 as well as the Plaintiff’s annual rate of KRW 6% from March 6, 2012 to January 23, 2015, and the following.

Reasons

1. Basic facts

A. On May 25, 201, the Defendant: (a) concluded a contract with B on May 25, 201, for the construction of two multi-household houses (multi-household houses operated by Do, Nadong; hereinafter “instant multi-household houses”); (b) the construction cost of KRW 1,005,30,000 ( KRW 456,300,000, Nadong, 549,000,000, and separate value-added taxes for each value-added tax); (c) the construction period from May 24, 201 to November 30, 2011 (which was changed to January 10, 2012 while performing the instant construction works); and (d) the rate of liquidated damages [1,00].

Article 39 [Matters under Special Agreement] Other matters not provided for in this Agreement may be determined by a separate special agreement between the defendant and B.

(1) All the Corporation shall be based on the specifications based on the design drawing, and even if there is a name that is not specified in the specifications, B shall be responsible and constructed with reference to the design drawing, and the additional amount shall not be claimed to the Defendant.

(2) The total amount of the contract made between the Defendant and B on the operation of DB and B is not changed to the occupancy upon completion, and B is responsible for all except for the contract amount.

(4) If, in addition to the design drawing, the tenant's request or any extension or demand is made at the request of the defendant, it shall be dealt with by mutual agreement between the defendant and B.

(5) Total contract amount: W/Won 1,005,300,000 won (excluding surtax) and B/Won 1,000 won, but if there is a problem with the subcontractor, B shall be held responsible for all the costs of the construction works, and B shall be held responsible for all the costs of the construction works except for water supply, Han electric power supply, and gas supply.

B. The above construction cost is determined on the basis of the direct construction cost, and the instant construction contract included the following special agreements:

C. At the time of the instant construction contract, the instant multi-household housing was set to 6 households and 8 households in operation, but the Defendant added one household to B during construction.

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