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(영문) 서울고등법원 2018.08.14 2015나2073706

대여금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. Around 2010, the Plaintiff entered into a contract with the Defendant to newly construct three tenement houses (total 36 households; hereinafter “instant housing”) on the ground of the land outside C, and five parcels owned by the Defendant (hereinafter “instant project site”) and obtain approval for use (hereinafter “instant contract”), and written a written contract for construction works on May 12, 2010 with the following content, and written a written certification on October 5, 2010: < Amended by Act No. 10372, Oct. 5, 2010>

(No. 665 of Law Firm D, 2010). Contract agreement for construction works

1. The name of the project: New construction of E-unit housing (hereinafter referred to as the “instant construction”);

3. Period of contract: The date of commencement from May 12, 2010 to June 30, 201: the date of completion: the date of completion on October 5, 2010: the contract amount on June 30, 201: Japanese gold - the area stated in the special agreement - the source price (including value-added tax).

7. Amount completed: Terms and conditions entered into a special agreement on the goods stipulated in such special agreement.

1.The terms of this Special Agreement shall prevail over the contract agreement for construction works.

2. The term of the present construction works shall be 13 months until the completion date including the preparation of design documents and the date of commencement.

(except for natural disasters and wintering periods)

3. The Defendant shall immediately provide all necessary documents related to the construction project to the Plaintiff from the permission to the completion date.

4. Method of Payment for the Construction Work - The Construction Work shall be payable to each of the same households in exchange for equity shares.

(If the sum of the household area of the plaintiff's share is different from the construction cost, the settlement shall be made). 5. Sales problem - The defendant and the plaintiff shall be the processing key through consultation, and the Si construction share household may be sold at will by the plaintiff.

6. Preservation Registration - The shares of the defendant shall be borne by the defendant, and the shares of the plaintiff shall be borne by the plaintiff.

7. The interest on the security loan of KRW 1.8 billion on the moving expenses of the Defendant shall be paid preferentially until the completion by the Plaintiff, and the Defendant and the Plaintiff shall bear 50% each after the completion of construction.