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(영문) 창원지방법원 2014.12.23 2013가단27544
공사대금
Text

1. The Defendant’s KRW 40,902,553 as well as the Plaintiff’s annual rate of KRW 5% from November 12, 2013 to December 23, 2014.

Reasons

1. Basic facts

A. On March 9, 2011, the Plaintiff entered into a construction contract with the Defendant for the construction of multi-family houses with the fourth floor C on the ground of Kimhae-si (hereinafter “instant building”) (hereinafter “instant construction”) with the construction cost of KRW 355,00,000 and the construction period from March 10, 201 to June 30, 201.

B. At the time of the above contract, the Plaintiff and the Defendant built the instant building with the first three floors, which was designed to obtain a building permit, up to the third floor, and obtained approval for use, and planned to remodel it into a house by extending the fourth floor.

Accordingly, on August 8, 2012, the approval for the use of the instant building was made on the condition that the instant building was constructed with up to three floors.

C. After that, the Plaintiff suspended the instant construction while performing the extension construction on the fourth floor of the instant building.

On February 1, 2013, the Plaintiff, the Defendant, and D agreed to conclude the instant construction work instead of the Plaintiff (hereinafter “instant agreement”) by comprehensively taking into account the total amount of the construction cost that the Defendant paid to the Plaintiff up to that time, various expenses paid directly by the Defendant (such as ready-mixed price, industrial accident insurance premium, employment insurance premium, etc.), liquidated damages, etc.

1. From February 1, 2013, the Plaintiff shall, with the approval of the Defendant, delegate D the right to complete all the construction works, with the approval of the Defendant’s building in the present domicile.

2. The plaintiff shall pay 80,000,000 won out of the present construction balance of 130,000,000 won to the defendant to the defendant, and the remaining 50,000,000 won shall be paid to the defendant to the defendant at the time of lease of the defendant's building, and the defendant and the plaintiff shall not raise any objection thereto.

3. The defendant shall provide overall support in carrying out the construction work of D and shall not make any demand in addition to materials beyond the new urban standard.

(2) recognize the additional amount at the time of request.

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