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1. The plaintiff's appeal against the defendant is dismissed.
2. The costs of appeal between the Plaintiff and the Defendant are assessed against the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is a company established for the purpose of real estate leasing business, health business, etc. B (hereinafter “B”)
(2) On March 8, 2012, the Plaintiff entered into a contract with B to set the construction cost of KRW 6,03,000 (including value-added tax) for the construction work, and from March 26, 2012 to December 31, 2012, the Plaintiff entered into a contract with B for the construction work of free construction, construction work of metal structures, construction work of metal structures, etc. (hereinafter “instant building”). The Plaintiff entered into a contract with B to set the construction cost of KRW 6,03,00,000 (including value-added tax) for the construction work of the first floor underground and the “E Hospital” building of the seventh floor size (hereinafter “instant building”).
On November 30, 2012, the Plaintiff and B increased the construction cost of KRW 265,00,000 and extended the said construction period by February 28, 2013.
3) B is the Defendant’s construction of windows, glass, and metal (hereinafter “construction of windows, etc.”) during the instant construction work.
) subcontracted the construction cost of KRW 495,000,000 (including value added tax).
B. On March 27, 2013, the Plaintiff agreed with B on March 27, 2013 as follows:
The plaintiff shall pay the remaining construction cost of 216,00,000 won to the hospital Construction Corporation B at the same time as the loan is received from the bank after the establishment of a subsequent mortgage on the building after completion.
After the completion of a building, B shall provide the Plaintiff with defective performance securities or cash and as-built drawings.
B shall accept the certificate of fire-fighting for the newly established hospital by March 28, 2013 to the relevant agency and provide all the certificate of fire-fighting and the certificate of communications and other documents necessary for completion to the F architect office by March 29, 2013. If the above matter is not fulfilled, this agreement shall be null and void, and B shall compensate the Plaintiff for KRW 200,000.
When the Defendant, a subcontractor, raises a problem against the Plaintiff, the Plaintiff and B will be able to deal with the issue in detail.