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(영문) 창원지방법원진주지원 2017.06.08 2016가합14

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 6, 2014, the Plaintiff: (a) obtained all rights related to the said construction, including the ownership of the said land, from D, the owner of the instant land (hereinafter referred to as the “instant land”) and the owner of the instant land (hereinafter referred to as the “new construction project”); (b) entered into an agreement with D to transfer 24 square meters out of the loan to be completed later.

2. The Plaintiff shall assume all the responsibility when the damage incurred to the Defendant due to the Plaintiff’s mistake.

3. To fully cooperate with another person in borrowing or pre-sale due to a shortage of construction cost during construction works and to consent to such borrowing or pre-sale (certificate of seal imprint, etc.) without any special condition.

7. The Plaintiff shall assume all responsibilities when any problem arises due to the documents received under paragraph 3.

After the occurrence of any problem, the plaintiff shall bear civil and criminal responsibilities in the event of the occurrence of the problem, and the plaintiff shall voluntarily arrange for the defendant regardless of the above seven items if the completion is not possible within one month unless there is a special problem at the time of completion.

B. The Plaintiff entered into an agreement with the Defendant on the following terms by stipulating that both the ownership of the instant land and the name of the owner of the instant new construction project shall be transferred under the name of the Defendant due to credit problems:

(A) Evidence No. 4, hereinafter referred to as the “One Agreement”).

On March 24, 2014, the Defendant completed the registration of ownership transfer in its name with respect to the instant land, and on April 1, 2014, changed the name of the owner of the instant new construction in its name.

1. The defendant agrees on behalf of the plaintiff that the owner of the building at the above address shall fulfill his duty and responsibility until completion is completed.

5. All rights shall be immediately waived even if the completion of construction is unable to be completed normally due to the Plaintiff’s fault.

In the judgment of the defendant, the plaintiff is unable to complete the work.