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(영문) 창원지방법원 2014.12.11 2014가합567
공사대금
Text

1. The Defendant’s KRW 126,901,00 among the Plaintiffs and KRW 85,701,00 among them, shall be from October 23, 2013 to February 10, 2014.

Reasons

1. Basic facts

A. The Plaintiffs agreed to construct a penta building on the ground of 151 square meters (hereinafter “instant land”) before Gyeongnam-gun, Gyeongnam-gun, the 1/2 shares of which were owned by 1/2, and to operate a lodging business. The Plaintiffs concluded a provisional contract on September 20, 2012 with the Defendant who conducts a construction business with respect to the contract for the said construction work, and drafted a contract.

(A) The construction of a new pented building (hereinafter referred to as the “instant construction,” and the said contract is referred to as the “instant provisional contract”). The main contents of the contract are as follows, and the Plaintiffs accordingly paid KRW 15 million to the Defendant on September 21, 2012.

Article 1. The amount of the provisional contract shall be one million won per day.

(The method of paying the construction cost under Article 2 of the General Estimated Price, at least 5% of the estimated price, shall be as follows, and “A” (referring to the plaintiff) shall thoroughly implement the payment on the basis of mutual trust in order to ensure the smooth progress of the construction and compliance with the time limit for the construction.

The method of payment: The scope of the claim for the provisional contract amount under Article 3 on the day of the appointment of the original architect on the day after the preparation of the contract in the daily amount of KRW 0,000,000,000,000,000 for the household contract, is the work of design and authorization and permission for the building in which the "B" (referring to the defendant) is conducted before the commencement of the building, and the expenses and taxes related

Article 4 "B" shall run a contract for a construction project after the reduction of the contract amount received from the total construction amount at the time of the preparation of this contract.

The design under Article 5 (A) shall be determined by the “A” and “B” in close consultation, and the design and design production shall be commissioned to “A”.

Article 7 "A" shall cooperate to the maximum extent possible in order to ensure the smooth preparation for commencement of construction and the smooth progress of design for "B".

The design and design under Article 9 shall be within 70 square meters of the total floor area of the building with two floors.

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