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Reasons
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(영문) 서울중앙지방법원 2015.06.17 2013가합78636
공사대금 등
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1. Defendant (Counterclaim Plaintiff) Co., Ltd. and Defendant C, D, E, F, and G jointly and severally with the Plaintiff (Counterclaim Defendant) 328,425,298.

Reasons

1. Facts of recognition;

A. Co., Ltd. (hereinafter “Defendant B”) on September 15, 2010, the Plaintiff concluded the instant construction contract and approved the use thereof.

from Gangdong-gu Seoul, J, K, and L ground 24 units, above M, N, andO 6 units on the above M, N, andO above 48 units of urban residential housing “P” (hereinafter “instant building”).

2) The construction work newly constructed (hereinafter “instant construction work”) refers to the construction work, and the above construction work on the ground of the said I and 3 parcels is deemed the “construction work,” and the above M and 2 parcels above construction work on the ground.

(2) The Defendants except Defendant B are the land owners of each land for which the instant construction work is being performed. The construction period of KRW 4,650,000 (excluding value-added tax), and the construction period of KRW 1,00 from October 1, 201 to May 30, 201, H guaranteed the Plaintiff’s duty as contractor under the instant construction contract.

3) The Plaintiff completed the instant construction. On September 8, 201, the Plaintiff obtained approval for the use of Section 1 with respect to the instant construction work, and September 9, 201, respectively. B. The instant agreement between the Plaintiff and the Defendants, on December 24, 2011, to pay to the Plaintiff KRW 4.6 billion with the settlement amount related to the instant construction work (hereinafter “instant agreement”).

2) The notarial deed drawn up on December 26, 201, No. 3568, No. 3568, 201, which was signed by a notary public, by means of a statement of agreement with the following contents:

6. Paragraph (h) of this case’s penalty clause

6. Terms and conditions B) Defendant B’s representative Defendant C’s total construction cost to be paid to the Plaintiff’s representative Q, the contractor, and all additional construction cost related thereto, shall be the sum of KRW 4,600,000 per day (the sum of KRW 4,600,000,000) (c) above and the amount of which was deducted from the KRW 10,000,000,000).

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