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(영문) 서울북부지방법원 2014.07.16 2013가합3570
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 1.37,426,540 as well as to the amount from January 19, 2010 to July 16, 2014.

Reasons

1. Basic facts

A. On December 19, 2005, Defendant B reconstruction Association (hereinafter referred to as “Defendant Association”) and Defendant Neobn&C Co., Ltd. (hereinafter referred to as “Defendant Company”) agreed to jointly implement the project of constructing a main complex building with the third floor above the third floor above the ground surface (hereinafter referred to as “instant building”) on both land in Dongdaemun-gu Seoul and D around December 19, 2005.

B. (1) On February 21, 2008, the Plaintiff entered into a contract for construction works of the instant building with the Defendant Company for a fixed contract as of March 1, 2008 and as of May 15, 2009 (hereinafter referred to as the “instant construction contract”).

(2) On the other hand, the Defendant Union also concluded a construction contract with the Plaintiff and the Rasn Annb Co., Ltd. (hereinafter the Plaintiff’s construction supervisor and concluded a construction contract with the construction cost of KRW 8.3 billion as to the instant building. The Plaintiff’s share ratio is equivalent to KRW 7.35 billion as indicated in the preceding paragraph, and the contract ratio of the Rasnb’s existence was set at KRW 950 million as the remainder amount of KRW 950 million.

C. A change in the construction contract and the Defendant Company entered into the first changed contract that extended the construction period on or around October 7, 2008 to July 31, 2009 and increased the construction period to 7.4 billion won. Around July 30, 2009, the construction period was extended to March 15, 2010, the construction period was increased to 7.425 billion won, and the construction amount was increased to 7.45 billion won, after deducting compensation for delay from the construction amount at KRW 450 million, and if the construction work was completed within the construction period specified in the second changed contract, the compensation for delay was exempted, but if the construction work was not completed within the period specified in the second changed contract, the compensation for delay was additionally deducted from the compensation for delay (0.1%) accrued after July 31, 2009.

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