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(영문) 창원지방법원 진주지원 2021.01.14 2019가단32909
약정금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 16, 2017, the Defendant entered into a contract for construction works as follows with Nonparty C Co., Ltd. (hereinafter “C”) (hereinafter “instant contract”).

Article 1 (Public Mission) This Corporation shall be the “Corporation for the Creation of Whole House Co., Ltd.”.

Article 2 (Construction Area) The construction area shall be 6249 square meters (around 1890 square meters).

Article 3 (Period for Construction) The commencement of construction shall start from December 18, 2017 until March 31, 2018.

Article 4 (Construction Price) The construction price shall be KRW 245,700,000 in total (the surcharge shall be KRW 130,000 per square meter, KRW 39,318 per square meter), 10,000 in down payment, KRW 235,000 in total, and KRW 235,000 in total.

Article 5 (Payment of Contract Price) and Article 6 (Change of Contract Price) 7 (Change of Construction Work Contents) Omitted, the parcel of the construction work shall be 4 to 13, road A and B, respectively.

(Road B, Nos. 8, 9, and 10 shall be mutually consulted after permission.

Each parcel shall be a construction project that means a state in which a construction work may be conducted, and a slope shall be finished with a stone embankment, and the floor shall be finished with a large stone with soil.

Road construction works contracted within the construction site shall be deemed to be packing, waste water pipes, and underground works for water pipes.

Other matters shall refer to design drawings as of the date of the contract.

Article 8 (Liability for Delaying Construction Works) Civil petitions arising from the progress of construction works shall be resolved by the private person C, but the defendant shall cooperate to the maximum extent possible, and if the construction is delayed, C shall not be liable to the defendant.

Where the construction work is delayed due to the blasting of base teams due to Article 6(2), C shall not be liable to the defendant.

C Some of the lots of land shall be permitted for development activities by 2018, and shall not be liable to the defendant if the construction is delayed due to the delay in permission for development activities.

Article 9 (Change of Design) If soil and sand fall short of stones in the course of the civil works of Article 10 (Disposal of Earth, etc.) omitted, the construction is being carried out at the expense of the defendant (outstanding to complete).

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