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(영문) 대전고등법원 2017.07.07 2016나16267

약정금

Text

1.The judgment of the first instance shall be modified as follows:

The plaintiffs' lawsuits against the defendant are listed in the separate sheet.

Reasons

1. Basic facts

A. On December 24, 2007, the Plaintiffs entered into a contract between the Plaintiffs and D Co., Ltd. (hereinafter “Co., Ltd.”) and their respective names were changed into “Co., Ltd. E”, a company prior to the mutual change of D Co., Ltd. on July 10, 2009, and “D” on July 11, 201.

“D” regardless of whether it is before or after the change;

B) Between D and D, the Plaintiff’s Daejeon Seosung-gu G Large 749.9 square meters of ground officetels (hereinafter “instant building”).

2) Around November 30, 2007 to June 25, 2008, H concluded a contract to conduct a new construction and sale as agent. 2) A served as D’s internal director and representative director from May 18, 2009 to July 10, 2009.

나. 원고들과 피고 사이의 도급계약 체결 ▣ 도급금액: 허가면적 × 평당 3,200,000원 ▣ 공사대금은 50%는 현금으로, 50%는 대물로 지급 ▣ 공사대금은 총 공사대금 대비 50% 현금결제, 50%는 대물결제 조건으로 하고, 대물결제 품목은 이 사건 건물로 하되, 원고들과 피고의 합의 하에 호수 및 층수를 지정하고, 원고들은 현금결제분에 대하여 이 사건 공사에 의하여 발생된 수익금(융자금, 분양대금, 전ㆍ월세 보증금 및 수익금)으로 피고에게 최우선 결제한다.

On February 28, 2008, the Plaintiffs contracted the construction of the instant building (hereinafter “instant construction”) to the Defendant on the following terms:

(hereinafter “instant contract”). D jointly and severally guaranteed the Defendant’s obligation to pay the instant construction cost to the Defendant under the instant contract.

C. The Defendant completed the instant construction on or around January 19, 2009, and the Plaintiffs completed the registration of ownership preservation as to each of the shares of the instant building on or around February 11, 2009.

The plaintiffs who thought that the defendant 1 of the Agreement on the Construction Costs and Payment Method of this case filed a claim against the defendant for additional construction costs, around March 2009.