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(영문) 서울중앙지방법원 2014.08.20 2013나62437
공사대금
Text

1. The judgment of the first instance is revoked, and the plaintiffs' claims against the defendant are all dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On July 26, 2011, the Defendant contracted to D (the representative E; hereinafter “D”) a construction project to build two urban residential housing units on the land outside Seoul, Seongbuk-gu, Seoul (hereinafter “instant construction project”), and the main contents thereof are as follows.

Article 25 (Restriction on Subcontract) (1) When D intends to subcontract part of the contracted construction to a third party, it shall obtain written approval from the defendant.

Provided, That if specialized construction works are subcontracted to the relevant specialized construction business operator under the Framework Act on the Construction Industry, it may be substituted by notification to the defendant.

Matters of special agreement

1. Since this Corporation is aware that it is a substitute construction project, the defendant shall pay the construction amount to D, such as sale in lots, bank loans, lease on a deposit basis, monthly rent deposit, etc. after completion.

1. The defendant's payment for the completed portion is as follows.

-10 million won after confirmation of the design drawings before approval for the project - KRW 20 million after approval for the project - KRW 70 million after removal - KRW 100 million after the second floor of the aggregate - KRW 100 million after completion of the project, such as loan and sale after completion, lease on a deposit basis, monthly rent, etc.

Provided, That when receiving a substitute, the transfer of ownership shall be 80% of the market price.

(No additional construction cost exists, and no additional construction cost exists in addition to the contract construction cost, and both parties affix their seals).

1. The terms and conditions after the building permit have been granted shall be paid by the owner according to the nature of the loan of bank rights which occurred at the time of land adjustment, and the timing and methods of payment shall be as follows:

(i) When the completion of a structural frame: 120 million won (in the case of construction of a structural frame 20 million won previously prepared, 50 million won shall not apply;

2) At the time of completion of the offshore funeral work: KRW 60 million: at the time of completion of the internal funeral work: KRW 70 million; and KRW 70 million; and KRW 20,000; and KRW 30,000; and

In this regard, a subcontract shall be given, and there shall be several constructions.

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