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(영문) 대구지방법원 2018.06.01 2016가합200952

약정금

Text

1. The defendant shall pay 82,015,810 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On November 10, 2007, the Plaintiff entered into a contract for the reconstruction project with the Defendant and C Co., Ltd. (hereinafter “C”) on the following terms:

(hereinafter referred to as the “instant construction contract”). The Plaintiff’s president (hereinafter referred to as “A”) and the Defendant’s contractor, and the Joint Project Group of C (hereinafter referred to as “B”), the project implementer under the contract for the construction project for A apartment reconstruction project under the contract for the construction project, shall prepare four copies of the construction project (a) contract, affix their names, and affix their seals thereto, and keep one copy of each contract to verify the agreement as follows:

1. Name of the project: A apartment reconstruction project (new construction works of apartment and welfare facilities);

2. Place of construction: Daegu-gu North Korea, D, and E.

4. Period: Within 26 months from the date of commencement of works.

5. Business method: The supply of newly constructed apartment houses and annexed facilities equivalent to the share free of charge and the charges to members shall be made on condition of the payment in kind to the land and buildings owned by the partnership, and the remaining construction facilities shall be made up of the construction cost and the project expenses;

Article 10 (Support for Cooperative Operation Expenses) of the Terms and Conditions of the Construction Contract (Support for Cooperative Operation Expenses) shall provide A with support for KRW 13,000,000 (total amount of KRW 450,000) on the 20th of each month from August 2007 to the fifth month from the beginning of occupancy, and the office of the Cooperative shall be leased in the name of B to be used by A, and the office of the Association shall be provided with the house, fixtures, etc.

Article 16 (Support of Business Expenses and Suspension of Lease) (1) B shall subsidize the following business expenses:

1. Operational expenses of a cooperative and disposal expenses of persons without consent;

2. Design expenses, supervision expenses and survey expenses, audit expenses, tax accountant fees, and value-added tax;

6. Various fees and other public imposts and operating expenses for the establishment of model houses. (2) A shall submit all kinds of documentary evidence related to the business expenses to B, and the time and method of subsidization of the business expenses shall be determined by consultation between A and B.

(3) Business expenses shall be paid.