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(영문) 대구지방법원 2016.12.14 2016가단106978

양수금

Text

1. Defendants D and E shall be jointly and severally liable to the Plaintiffs for KRW 100,000,000 and Defendant D with respect thereto on April 6, 2016.

Reasons

1. Basic facts

A. The building company of the Plaintiff Construction Office Co., Ltd. and the Defendant E Co., Ltd. entered into a design service contract, and the building company of the Plaintiff Construction Office Co., Ltd. (hereinafter “Plaintiff Construction Company”).

Defendant E (hereinafter “Defendant E”)

On October 17, 2011, the design service contract was concluded to set the contract amount of KRW 538,000,000 with respect to “F main complex construction project” (hereinafter “F main complex construction project”), and around March 2012, entered into an additional design modification contract with respect to “G main complex construction project” at KRW 120,000,000 (hereinafter “instant design service contract, etc.”).

(2) On December 13, 2012, Defendant D, as an actual operator of Defendant E, jointly and severally guaranteed the obligation to pay the service price to Defendant E, as stipulated in the instant design service agreement, etc.

B. Around January 2012, Defendant E, such as pledge of deposit claims against the said Defendants’ New Bank Co., Ltd., Defendant B, C, and Defendant E, entered into a performance agreement (hereinafter “instant performance agreement”) with respect to the instant HJ building construction project implemented by Defendant B and Defendant E (hereinafter “instant performance agreement”) as follows:

(A) Of the contents of the above performance agreement, Defendant A and Defendant B shall be called “A” and “B,” and the attached parts shall be omitted, as they are not connected to the instant case). The contents of the performance agreement in this case

1. A and B agree to purchase a road (attached Part A) in front of a building (cafeteria) owned by B adjacent to the site of a new building of A and a building adjacent thereto by the necessity of the process for the construction of a new building of A.

2. B shall purchase from the present owner the nine grade of land (attached Form B) and transfer B without compensation to B, if B agrees to the purchase of the above road (attached Form A) by B.

3. The time of gratuitous transfer of the above land is for the construction of a new building by B.