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(영문) 수원지방법원 2019.12.26 2019가단529953
대금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. (State) C (hereinafter “Nonindicted Company”) promoted the sales project by the 55 generation of “E” on the ground of the wife population D and the 2 parcels, which are the following: (a) the wife population D; and (b) the sales project for the other 55 units on the ground.

The above sales business was planned to conclude the construction project and the housing construction project separately with the contractor, not the buyer directly purchases the housing from the non-party company, but the buyer who purchased the building site from the non-party company.

[A] On April 29, 2018, the Plaintiff entered into a land supply contract with the non-party company upon selling EF site 254.1 square meters (exclusive use area, 204.94 square meters, 49.17 square meters).

The land supply contract includes the scheduled date for the completion of civil engineering works as “ October 2018.”

[A] On November 17, 2018, the Plaintiff entered into a contract for construction works for EF with the Defendant and the Nonparty Company, a contractor, for the construction works for EF.

[Attachment 5, B 1, and hereinafter “the instant contract for construction works”). The scheduled occupancy date: Article 1 (Details and Methods of Payment of Contract Amount) of six months after the completion of the land owner’s civil engineering works; KRW 10,969,000, which is 5% of the contract deposit for construction works (43,876,000), shall be paid in addition to the conclusion of the contract, and KRW 32,907,000, which is 15% of the contract amount shall be paid after the detailed matters are determined.

Section 2 (Purpose of Contract) The Project aims to prescribe the contractor and the method and timing for the payment of the contract amount and construction work with the contractor, and to perform in good faith the contractor and the contractor's mutual responsibilities and obligations.

Article 3 (Roles and Obligations of “A”) (2) The contract amount (contract amount, intermediate payment, balance) paid by “A” agrees to be used as project promotion expenses, civil petitions related to construction, construction cost, etc.

(5) Where a design is modified due to the necessity of "A", costs incurred in modifying construction and civil engineering designs and construction costs incurred therefrom shall be borne by "A".

Article 15 (Matters of Special Agreement) "A" is "A when any cost or supervision cost is incurred for the modification of design."

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