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(영문) 서울서부지방법원 2014.01.24 2012가합4350
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. The status of the parties is that the construction of the new apartment complex B (hereinafter “the apartment complex in this case”) is the executor of the construction of the Yongsan-gu Seoul Metropolitan Government apartment complex B, and the company is managing the apartment complex in this case after the completion of the construction of the apartment complex until now. The defendant is a joint contractor and joint contractor as well as the construction of the new apartment complex in this case.

B. On April 30, 2007, the Plaintiff entered into a contract for construction work with the Defendant for new apartment complex construction work with a contract amounting to KRW 357,071,60,000 for the instant apartment complex construction work. After that, on September 25, 2008, the construction work for new apartment complex construction was commenced on September 10, 2008. (2) The Plaintiff entered into a contract for construction work with a total floor area of KRW 210,494.56 square meters (6 square meters, 63,674.6 square meters), construction contract amounting to KRW 418,373,00,00 (value added tax) with respect to the construction work for new apartment complex construction of this case.

The above contract amount of construction work is determined by adding 318,373,00,000 won (excluding value-added tax, and 5,000,000,000 won per square meter to the total floor area of the above construction, including material costs, labor costs, expenses, expenses, on-site management expenses, and safety management expenses, but not including general management expenses) to the defendant and treatment construction profit of KRW 100,00,000 (value-added tax, value-added tax, and increase or decrease of construction cost), regardless of the increase or decrease of construction cost.

The plaintiff, the defendant and the defendant were to determine the above construction cost and reflect it at the time of the conclusion of the contract, but they did not conclude this contract separately thereafter.

(2) On October 15, 2010, the Plaintiff entered into a contract for construction works of this case on July 10, 2009 (hereinafter referred to as “instant contract for construction works”). The Plaintiff entered into a contract for construction works of this case on October 15, 2010 with the Defendant and Treatment Construction.

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