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(영문) 광주지방법원 2016.02.05 2014가합5076

손해배상(기)

Text

1. On May 24, 2013, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) KRW 128,350,000 and KRW 350,000 among them.

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts real estate development business, etc., and the Defendant is a company that conducts construction business.

B 1,000 m2,00 m2, B 39 m2, C 375 m2, D 11 m2, E forest 30 m2, F m26 m2, G ditch 285 m285 m285 m2,000 m2,000 m2,000 m2,000,000 m2,000 m2,000,000 m2,000,000 m2,000,000 m2,00,000 m2,00,000 m2,00 m2,00,000 m2,00 m2,00,00 m2,

B. On October 15, 2012, the Plaintiff entered into an agreement with the Korea Land and Housing Corporation and the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) under which “the Plaintiff newly constructed a multi-household or non-permanent house on each land of the following 1, 2, and 3 complexes, and then sell the relevant site and a newly constructed house to the Korea Land and Housing Corporation.” Accordingly, the Plaintiff had a housing construction right for the following 1, 2, and 3 complexes.

Article 3 (Transfer of Business Right and Transfer Price) The transfer proceeds of this Business Right shall be KRW 160,000,000, and simultaneously with the contract, Section B (Defendant) shall pay KRW 20,000,000 out of the contract deposit to the Plaintiff at a lump sum, and KRW 40,000,000 shall be paid in one month after the completion of the contract ( November 15), and KRW 100,000,000 shall be paid to Section B at the time of the settlement after the completion of the contract.

Provided, That it shall be recognized as the cancellation of a contract when Eul fails to pay the amount to Gap by the due date.

Article 7 (Special Agreement on Compensation for Damages) This Agreement may not be cancelled mutually, and a business license transferred to A shall be liable for completion of the project (the completion of registration of transfer to the Korea Land and Housing Corporation of this article), and any party who violates it shall pay to the other party the amount equal to the transfer amount of the business license, such as penalty and damages.

Article 10 (Matters of Special Agreement)

4. All the expenses incurred until the completion of the project, such as the construction cost, incidental expenses (all kinds of charges, preservation registration cost, etc.), general incidental expenses, and financial expenses, shall be borne by the contractor;

C. The Defendant on October 16, 2012