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(영문) 인천지방법원 2012.10.23 2011가합22128
공사대금
Text

1. The Defendant’s KRW 96,740,641 as well as the Plaintiff’s KRW 17.35% per annum from March 6, 2012 to June 7, 2012.

Reasons

1. Basic facts

A. B reconstruction association is a market reconstruction association established for the purpose of promoting a market reconstruction project on a scale of 1,795 square meters in Nam-gu Incheon Metropolitan City, which is a market reconstruction association (hereinafter “instant association”), and the Defendant is a member of the instant association.

B. 1) On June 27, 2008, the Plaintiff entered into the first joint project agreement between the Plaintiff and the instant association on the joint project agreement between the Plaintiff and the instant association on June 27, 2008, jointly with the Plaintiff and the instant association on the ground C, Nam-gu, Incheon (hereinafter “D”).

(B) The Plaintiff entered into a new project agreement with D as to the construction cost of KRW 16,641,480,00 (excluding value-added tax) and the term “24 months from the date on which the actual commencement is possible after the approval of commencement of the project” during the construction period (hereinafter “the first joint project agreement”).

A) On August 31, 2008, the instant association held an extraordinary general meeting and approved the first joint project agreement. The said joint project agreement was concluded by the Plaintiff on February 17, 2009 with the Defendant, unlike the first joint project agreement with the Plaintiff on February 17, 2009, the second joint project agreement entered into a contract with D, the construction cost of which is the same as the first joint project agreement with the Defendant, and the construction period of which is to be newly built by setting the “27 months from the commencement date of construction” (hereinafter “the second contract”). According to the second contract, the Plaintiff was to receive 50/100 of the business interest accrued from the said market reconstruction in addition to the payment of the construction cost, and the Plaintiff was to enter into the instant agreement on April 6, 201 with the instant association on the change of construction contract and the payment charges (hereinafter “payment charges”) and the refund charges (hereinafter “payment charges”).

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