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(영문) 수원지방법원평택지원 2016.07.20 2015가합9457
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is a corporation established for the purpose of building construction business and earth construction business, and the defendant is a corporation established for the purpose of domestic food packaging paper manufacturing business.

B. The Defendant’s initial trade name was “F,” but was changed as of March 11, 2015 as of March 11, 2015. For the construction of a factory, the Plaintiff entered into a factory site contract with the Plaintiff for the aggregate of 11,204m2 and 1849m2 among the 11,204m2 and 2275m2, the Plaintiff’s representative director, and D land were registered in the name of “H” and “D site” (hereinafter “instant factory site”).

2) Upon purchasing a factory site, the Plaintiff had been responsible for earth and sand construction, such as various services necessary for the permission for the construction of the factory and land flat construction (hereinafter “instant site construction”) (hereinafter “instant construction”).

(2) On June 21, 2012, the Plaintiff and the Defendant concluded a factory site contract with a total of 1.75 billion won, including land sale price, service cost, and soil construction cost, as follows:

(hereinafter “instant factory site contract”). Factory site contract

3. The Defendant shall pay to the Plaintiff 156,195 won per square meter, including the following matters and the land (516,225 won per square meter, and value-added tax separate), KRW 1750,000,000,000 per square meter. A.

The plaintiff shall provide services, such as permission for the installation of factories, permission for conversion of mountainous districts, reporting of scattering dust, reporting of specific construction works, etc.

B. The Plaintiff bears the cost of earth construction (the site work within the slope rate of 【 3% shall be completed) due to the flat work.

C. However, the taxes and the public charges incurred at the time of transfer of registration, and the stamp shall be borne by the defendant, and the issuance of the surety insurance policy and the premiums for the deposit of the purchase cost and the purchase cost of the public bonds due to the real-name system conducted by the cadastral corporation shall be borne by the defendant

In addition, civil and construction design service costs needed to change when permission is changed due to the necessity of the defendant.

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