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(영문) 대구지방법원 2015.01.23 2013가합9578

1. The Defendant’s KRW 450,000,000 as well as the Plaintiff’s annual rate of 6% from September 9, 2013 to January 23, 2015, and the following.


1. Facts of recognition;

A. Around October 201, the Defendant, a real estate rental business, entered into a construction contract with respect to the construction of alternative construction company (hereinafter “alternative construction”) and the construction of six-story neighborhood living facilities (hereinafter “instant building”) on the ground in Daegu North-gu, Daegu (hereinafter “instant construction”).

In accordance with the above contract, the construction of the building of this case was suspended from the construction of the third floor.

B. Around April 10, 2013, the Plaintiff: (a) the contract amount of KRW 1,263,50,000 for the instant construction project with the Defendant; and (b) May 1, 2013 through September 30, 2013 for the construction project; (b) the contract period of KRW 1,263,50,000 for the instant construction project; and (c)

9. 31. It appears that it is written in 31.

[2] The term of the construction contract under the term “instant contract” (hereinafter “instant contract”)

The contract of this case has entered into with the following special terms:

The Plaintiff and the Defendant agreed to set the construction cost at KRW 1,063,50,000 by deducting 200 million from the above contract amount, which falls under the completed portion of the large-scale construction.

4. A special engineer.

(e) Cases concerning the payment of construction price;

1. The advance payment (the defendant and the plaintiff head of the Tong) shall be made at the joint management district unit upon commencement of construction works;

2. The payment shall be made at the joint management district unit of the plaintiff (the defendant and the plaintiff head of the Tong);

3. The remaining construction cost shall be borne by the contractor and paid by the defendant within 60 days after completion.

4. When exceeding 60 days, the defendant shall pay to the plaintiff 2.5% per month in comparison with the remaining construction amount.

5. The joint passbook management unit shall not be disbursed at will by the defendant.

C. On May 4, 2013, the Plaintiff and the Defendant: (a) drafted the following special terms and conditions (the first special terms and conditions) (hereinafter “the first special terms and conditions”); and (b) partly amended the terms and conditions of the instant contract.

2. A Dong-B Dong with a change in the price of the temporary materials and the contract amount, respectively, shall be borne by the owner of the building who has increased the contract amount by KRW 50 million in total,00,000.

A The amount of credit shall be l,000,000 won per day.