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(영문) 서울고등법원 (인천) 2021.01.22 2019나10802

공사대금

Text

The defendant assistant intervenor's application for intervention shall be dismissed.

Plaintiff

The succeeding intervenors are limited to the first instance.

Reasons

1. Basic facts

A. On September 16, 2013, as the representative director of C Co., Ltd. (hereinafter referred to as “C”) for the purpose of civil engineering, building, construction, etc., D entered into a contract on September 16, 2013 with respect to the construction cost of F apartment units (29 households) and O Dong (hereinafter collectively referred to as “instant apartment units”) located on the ground of the Plaintiff, Kuju-si, Seoul-si, with respect to construction cost of KRW 3,228,00,000 ( separate value added tax), and the construction period from September 25, 2013 to January 31, 2014 (hereinafter referred to as “instant contract”).

B. D as the representative director of C, on October 17, 2013, the name of the project related to G and the instant apartment construction project was determined as the “original P New Construction Project” project, and as a result, signed an agreement with each other to cooperate so that the said project can be smoothly carried out and completed, and certified by the notary public as the J et al. of 2013.

(c)

D as the representative director of C around January 2014, around G and the instant apartment construction project, the name of the project was re-determined as “a new construction project of Q apartment,” and the agreement was made to ensure the smooth progress and termination of the said project. The main contents of the agreement are as follows.

Article 2 Contents 1 of the Convention) G 2.4 billion won is paid within two months after completion.

Provided, That measures shall be taken to ensure that C acquires the farming after the conclusion of this contract and will not hinder the future completion of the construction.

2) C) By March 30, 2014, up to March 30, 2014 (up to the fixed amount including interest) the purchase price of the N land 3,900,000,000 (up to the fixed amount including the interest) shall be paid to G by means of a bank loan or an advance loan.

3) G’s obligations (1) G pays the purchase price for the land acquired from C in accordance with an agreement entered into with the LAB and transfers all the rights transferred from the LAB to C representative Director D.

2. When C performs its obligations under this Convention, G shall be H farming and fishing.