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(영문) 울산지방법원 2018.08.22 2016가합24389
청구이의
Text

1. A notary public against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff C in the year 2015 deed prepared by Law Firm E.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On February 6, 2015, Plaintiff A entered into a contract with Defendant D Co., Ltd. (hereinafter “Defendant Company”) for the construction of the instant construction project (hereinafter “instant construction project”) on the land outside F and one parcel of land (hereinafter “instant factory”). When it is necessary to specify each Dong, Plaintiff A entered into a contract for the construction of the instant construction project (hereinafter “instant construction project”) with the construction period from February 21, 2015 to June 21, 2015 (hereinafter “instant construction project”), with the construction cost of KRW 385,00,000 (excluding value-added tax) (hereinafter “instant construction project”); and at the time, Plaintiff B entered into a joint and several liability for the Defendant Company A under the instant construction project with the Plaintiff Company.

Plaintiff

Upon entering into the instant construction contract, A and the Defendant Company stipulated the following special terms and conditions:

Matters of special agreement

1. Design expenses, supervision expenses, measurement expenses, electricity access expenses, electric power facilities, water supply and sewerage installation charges, and taxes and public charges shall be separately imposed on them;

2. The installation and construction of a list shall be separately carried out;

3. In the event of a change in the drawings and an increase or decrease in the volume, construction shall be executed after consultation and confirmation with the project owner, and shall be settled thereafter;

4. Work shall be executed on the front part of the building; and

5. The roof, wall board, and wall board shall be constructed by the initial installation of the lerarabane panel, or by the EPS dives second grade (quasi-rests);

6. At the time of the basic reinforced concrete construction, only a unit of steel shall be constructed;

B. The instant construction project was discontinued on July 16, 2015, which had been discontinued for a considerable period after the completion of only a part of the basic construction project. At the time of the resumption of the instant construction project, the Plaintiffs and the Defendant Company newly drafted a construction contract that changed only the construction period from July 17, 2015 to November 16, 2015 under the existing construction contract.

After that, the Plaintiffs and the Defendant Company changed the completion date of the instant construction to November 30, 2015, but finally changed to December 31, 2015.

C. The construction of this case.

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