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(영문) 서울고등법원 2019.10.17 2017나2025732

구상금

Text

1. The plaintiff's bankruptcy debtor B corporation upon a claim for exchange change in this court.

Reasons

1. Basic facts

A. The Plaintiff is a company for the purpose of civil engineering and construction work business, and B is a company for the purpose of real estate sales business, sales agency business, etc.

B. On April 10, 2014, the Plaintiff entered into a construction contract with B, a new hotel (hereinafter “instant hotel”) on the ground, including Jeju City J, to build and sell a new hotel (hereinafter “instant hotel”) on the ground as the contractor of the instant business and prepared a business agreement (No. 3) with the following contents.

A project executor: A project executor of the project agreement: The outline of the project under Article 2 (Opening of the project) of the Plaintiff is as follows:

Provided, That it may be changed to a building authorization, permission process, design change, etc.

1. Business name: New construction of "D hotel" in the Jeju-siJ;

2. Land for the project: At Jeju-si J.

3. Site area: 6,353.00 square meters (1,921.8 square meters).

4. Specific-use area: General commercial area;

5. Scale: One story underground and eight stories above ground (13,76.37§³).

6. Structure: Structures of reinforced concrete;

7. Use: Lodging facilities (311 households) and ancillary and welfare facilities, Article 5 (Method of Providing Construction Works and Construction Works). (2) The contract price for construction works shall be determined by multiplying 5,60,000 won per 3.305 square meters, by the total floor area of the construction;

However, the total interior construction cost shall be determined within the scope of 300,000,000 won by mutual consultation, and B agrees that the difference between the amount of the contract for construction works with the trust company and the amount of the contract for construction works under this paragraph may be established by the plaintiff, and B agrees that the beneficiary shall be the top priority order.

The truster and beneficiary of the land trust business agreement: B, E, and the contractor: Plaintiff 4 (Business Allocation and Cooperation Obligations) (1) B, E, and the Plaintiff shall share and cooperate with each other in order to achieve the objectives of this project as follows:

1.B is the truster and beneficiary of the project.