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(영문) 대구지방법원상주지원 2017.09.20 2016가단9956

청구이의

Text

1. The Defendant’s authentication C to the Plaintiff on November 5, 2015 agreement for a monetary loan for consumption (No. 219) signed by the Defendant on November 5, 2015.

Reasons

1. Basic facts

(a) On July 30, 2015, D was awarded a contract with the Defendant for the new construction of the E farm Housing at Lhyeong-si (hereinafter “EM”) at KRW 130 million.

(hereinafter referred to as the “instant building” and the said construction are “the instant construction”). B

As of September 17, 2015, the instant corporation received construction cost of KRW 65,760,780 by September 20, 2015.

C. On September 30, 2015, the Plaintiff, as a creditor of D, received a provisional attachment order on the claim for construction price against D against the Defendant.

D waived the instant construction work on October 5, 2015.

E. On November 5, 2016, the Plaintiff succeeded to the status of D related to the instant construction project, but the Plaintiff agreed to subcontract the instant construction project to D.

(2) The term “instant agreement” refers to the construction of the instant agreement and the construction to be completed by December 5, 2015 among the instant construction works pursuant to the instant agreement with the following terms and conditions: (a) the construction to be completed within 25 days after the completion of construction; (b) the details of the instant agreement are as follows.

- A - The Plaintiff will complete the construction of the instant building until December 5, 2015.

The plaintiff shall complete additional construction works within 25 days after the completion of construction (based on the date of preparation of the building ledger).

The contract price shall be KRW 70 million.

In order to ensure the smooth construction work, the defendant shall pay to the plaintiff KRW 60 million out of the construction cost of KRW 70 million within two days after the notarial deed of this Agreement.

10 million won shall be paid immediately after completion of additional works.

When the completion of a building is not completed within the agreed date or the additional construction is not completed within the agreed date, D and the Plaintiff waives all construction costs and all rights invested in the instant construction, and the Plaintiff is liable for such failure.

On December 5, 2015, the Plaintiff received from the Defendant when the construction of the building is not completed.