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(영문) 부산지방법원동부지원 2017.11.30 2017가합100368
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 1,313,812,420 as well as 15% per annum from January 26, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The parties concerned are companies established on July 5, 2004 for the purpose of housing construction business, real estate sales agency business, etc., and the defendant was established on October 5, 1954 for the purpose of various franchise design, construction supervision service business, and franchise technology intensive facilities operation and management business, etc., and the plaintiff entered into a contract on February 23, 2007 with the defendant and Busan Young-gu and 37 lots of land for construction of a new building (hereinafter "construction of this case").

B. On February 23, 2007, the Plaintiff entered into a contract with the Defendant and the Defendant to grant the instant construction cost of KRW 123,836,00,000, and entered into a contract to modify the construction contract on December 13, 201 of the same year, changing the construction cost of KRW 129,285,00,000. (2) The Plaintiff and the Defendant entered into an agreement on July 6, 2009 and August 30, 201, on setting the rights and obligations with regard to the method of appropriation of construction cost and project cost related to the instant construction project, the repayment of PF loans, etc.

3) Finally around the completion date of the instant construction. On April 27, 2012, the Plaintiff and the Defendant concluded a settlement agreement (No. 2, and hereinafter “instant settlement agreement”) with the following contents.

The author drawn up a contract for construction works ( February 23, 2007), the contract for construction work contract alteration contract ( December 13, 2007), the additional agreement ( July 26, 2009), and the agreement ( August 30, 201), according to free will. The author concludes a contract for construction works (the main contents of the settlement agreement of this case), and the agreement for construction work under Article 1 (the plaintiff) and the defendant (the defendant), according to free will. The author concludes a contract for construction work contract, the contract for construction work alteration (the contract), the additional agreement (the contract on July 26, 2009), and the agreement (the contract on August 30, 201). The author agrees to cooperate with the plaintiff in order to prevent unnecessary disputes and to terminate the project. Article 2 exempted from liability, the execution of the right to indemnity, the payment of construction cost, etc. shall be made, and Article 5 and Paragraph 3 of the agreement on August 26, 2015).

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