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(영문) 서울고등법원 2016.03.18 2015나2026502
공사대금
Text

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

Reasons

1. Basic facts

A. 1) On December 11, 2008, the Defendant concluded a construction contract with the Plaintiff and the Defendant with respect to the housing redevelopment improvement project (hereinafter “instant project”) with respect to the land B located in Yeongdeungpo-gu Seoul Metropolitan Government from the head of Yeongdeungpo-gu Seoul Metropolitan Government on December 11, 2008.

A housing redevelopment project partnership with the approval of the implementation of the project, and the plaintiff is a new construction project awarded a contract by the defendant for the construction of building facilities among the projects in this case.

1. Name of the project: A district redevelopment and rearrangement project of houses;

4. Total floor area: Total floor area approved by the head of the competent local government (137,002 square meters);

5. Details of the project: Construction of new building facilities approved by the head of the competent local government;

6. Contract amount: A separate sheet of 30,000,000 won/pon (Won 1,128,325/liter)/value-added tax.

7. Construction period: Article 4 (Method of Implementation of Projects) (1) of the Construction Contract Terms and Conditions within 33 months from the date of actual commencement (Method of implementation of projects) (1) The defendant provides the plaintiff with land necessary for the Housing Redevelopment Improvement Project in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, which is owned by the defendant and the defendant's members, to pay the amount of the construction contract, and

In this case, land provided to the plaintiff refers to land in a state where the defendant and the defendant's members secure ownership and right to use land and do not hinder the plaintiff's commencement of construction work.

Article 7 (Amount of Contract for Construction Work) (1) The total construction cost that the Defendant is obligated to pay to the Plaintiff is the amount calculated by multiplying the total construction area authorized by the project implementation authorization authority by the KRW 1,128,325,000,000 per square meter of the construction contract amount (Won 1,128,325 square meters), and the amount was excluded from the value-added tax to be borne by the Defendant

Article 8 (Standards and Revision to Contract Amount) (2) The contract amount under Article 7 shall be calculated on the basis of the commencement of December 2010.

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