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(영문) 창원지방법원 밀양지원 2018.06.08 2017가합10182

청구이의

Text

1. No. 310 of 2015, a notary public against the Plaintiff, drafted on March 9, 2015 by the Djoint Law Office against the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a multi-family housing with five stories above the land of 549 square meters in Gyeyang-si, E, the Plaintiff is a multi-family housing with five stories above the ground (urban residential housing; hereinafter “A Dong”).

(B) An apartment housing of five stories above 369m2 and F 369m2 (urban residential housing; hereinafter referred to as “B Dong”).

) New construction works (hereinafter “instant construction works”)

(2) On March 5, 2014, G Co., Ltd. (hereinafter “G”) as the owner of a building.

(2) On the same day, G subcontracted the instant construction to Defendant C (hereinafter “instant subcontract”), and the Plaintiff signed the said subcontract as a guarantor.

5. Contract amount: 880,000,000 won (excluding value-added tax).

6. Payment of the price;

(a) Advance payments: ① 650,000,000 won (2) Payment shall be made when the remainder bank loans;

12.Special Terms and Conditions - References to the entry of separate engineers (a two-way confirmation seal) on the back side.

5. The owner shall have a seal of guarantee for the construction contract between G and Defendant C.

The construction cost of Defendant C shall be the same as the construction cost, one building of the F building in an enclosed manner.

6. A loan shall be granted to a bank when the construction cost is more than a substitute for the defendant C;

(Provided, however, Defendant C’s loan is managed directly by the bank, the construction work is carried out, and both the subcontractor’s price and wage are responsible. The construction cost can not be demanded to the G and the owner of the building). 9. The owner of the building established a provisional registration against the land in which the F’s substitute contract is terminated at the time of smuggling to Defendant C (Provided, That the provisional registration and the substitute contract are extinguished if the construction is giving up while the construction is in progress).

(A) The contents of the instant subcontract pertaining to the instant case are as follows: (a) Defendant B Co., Ltd. (hereinafter “Defendant B”) around that time may receive KRW 200 million from the part of the H Bank; (b) however, the owner may obtain approval from the owner of the instant subcontract by changing the loans for financial rights Nos. 2 and 3).