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(영문) 수원지방법원 2016.11.22 2016가단513414

약정금

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. A. (1) On July 8, 2014, the Plaintiff entered into a contract with C (hereinafter “C”) and C (hereinafter “instant construction”) and D/ E, the representative director of D/C, and D/ E with respect to Gdong neighborhood living facilities, and new multi-family house construction (hereinafter “instant construction”) on several lots of land other than F with respect to the location F at permissible time (hereinafter “instant construction”) by dividing Zone 1 (owner H, G, J), Zone 2 (owner K, I, L), Zone 3 (owner M, L, L, I, and J), Zone 4 (Owner, L, I, and J), Zone 5 (owner D, F, L, L, and J), Zone 6 (owner, E, N, L), Zone 7 (P owner, P, Q, R, S, T, 8 (Defendant, X-W, Value-Added Tax, and Value-Added Tax), and entered into a separate contract (hereinafter “instant construction”) with the Plaintiff as the total contract amount of 00,000 won (hereinafter “Y”).

On July 8, 2014, the Defendant delegated the C representative D and his designated representative E with authority over all matters concerning the construction of the above land until the construction permission, commencement and completion (approval of use) for three parcels within Zone 8 of this case, and over all other actions incidental thereto, including the progress of the construction contract and construction work, the execution of loan for the purpose of construction, etc.

(2) On July 8, 2014, the Plaintiff entered into an individual contract with the owner of the above Nos. 1 through 8, and entered into a contract (hereinafter “instant Zone No. 8 contract”) with the Defendant (a designated agent, sealed the Defendant’s seal) on the following terms: (a) the contract price was 636,40,000 won for the construction of a multi-family house (hereinafter “instant Zone No. 8”) in Zone No. 8 (hereinafter “instant contract”).

3. Building area: Building area of 98.94 square meters (total floor area of 488.18 square meters): Building area of 513 square meters: One story below ground, one story above ground, 15 households in multi-family house, and second class neighborhood (office).

4. A scheduled date of commencement: May 30, 2014 (based on the date of submission of a single start system).