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(영문) 서울북부지방법원 2015.12.16 2014가합8459

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 9, 2010, the Plaintiff, the owner of each of the instant land B, C, D, and E (hereinafter “instant land”), was awarded a contract for construction of the instant land (excluding E; hereinafter the same shall apply) to the Defendant on a cost of KRW 339.6 million (including value-added tax) for construction of the building for the medical care center on the instant land (excluding E; hereinafter the same shall apply) (hereinafter “instant construction contract”), and around that time, paid the down payment of KRW 150 million (the main contents as follows) to the Defendant.

The expected annual month of completion: June 201 (it may be changed on the date of the commencement of this project): The remainder of KRW 150 million and the amount of money in advance: It shall be paid in accordance with any other special agreement.

[Special Agreement] [Method and Time of Payment of Construction Price] This contract construction cost shall be paid only to the Defendant according to the Plaintiff’s circumstances, and the remainder shall be paid according to the agreement as follows:

C. 1) The payment of the contract price, in addition to the contract price paid at the time of the contract for the construction project, shall be made by setting up the Plaintiff’s land and building (new medical care center) in the city bank after the completion of the construction project and paying the Defendant the contract cost as the contract cost. 2) The Plaintiff shall pay the Defendant the balance of the contract cost remaining within 60 days from the completion date of the construction project (medical care center) with respect to the balance of the contract cost incurred due to the lack of loans after the contract cost was set up and lent

B. On December 30, 2010, the Plaintiff and the Defendant agreed to increase the construction cost under the instant construction contract as KRW 3.74 billion (including value-added tax) and the said medical care center (hereinafter “instant building”) completed, and the registration of ownership preservation was completed in the Plaintiff’s name on June 9, 201.

C. On July 14, 2011, the Plaintiff: (a) set up a collateral of KRW 4 billion with respect to the instant land and building from the NFF and NFF; and (b) KRW 1.5 billion with respect to the loan of KRW 3.1 billion with respect to the said land and building.