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(영문) 의정부지방법원 2019.10.16 2018가합1435

공사대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 260,990,000 won and the period from June 29, 2019 to October 16, 2019.

Reasons

A. The Defendants drafted a three-party agreement to directly pay to the Plaintiff amounting to KRW 310,990,000 (including value added tax 6%) prior to the date of completion (hereinafter “instant direct payment agreement”).

C. (1) On September 25, 2017, the Defendants (agent I) decided to pay 1,200,000,000 out of the contract amount to 8 households (150,000,000 won per household) including J-dong apartment house in the instant case, and written a sales contract for Defendant E to the seller and buyer of the instant multi-household apartment house. (2) On November 30, 2017, G prepared a sales contract for each of the instant multi-household apartment house in which the Defendants received as large goods from the Defendants, with respect to the Plaintiff, as follows:

The address of the contract for sale in lots: F. F. 1 parcel: J. K. : 150,000,000 Won real estate was received by G from the Defendants as a substitute and paid as substitute to A (State) who is a contractor of the original construction work at the site. * Special terms and conditions: if the sale in lots is not available by the date of completion of construction, the substitute is repaid with the substitute loan after completion.

d.

I, the actual owner of the instant multi-household housing, 1) With respect to the Plaintiff’s actual representative L on July 26, 2018 and the construction price of the instant large-household housing, the monetary loan contract under the following terms (hereinafter “the loan contract of this case”).

The completion of a contract for a loan for consumption under Article 1 (Purpose) L has been lent to I on July 26, 2018 and I borrowed it. By August 24, 2018, Article 2 (Period and Method of Payment) the interest rate shall be 24% per annum. The interest rate under Article 3 (Interest) shall be 24% per annum. If Article 5 (Compensation for Delay) I delays the repayment of principal or interest, damages for delay shall be paid at the rate of 24% per annum to the delayed principal. Article 9 (Recognition of Compulsory Execution) shall be granted to I under this Agreement.