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(영문) 울산지방법원 2017.02.15 2015가합2887

구상금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

The facts recognized in the final and conclusive civil judgment and the result of the judgment by the parties concerned (formerly: B Co., Ltd.; hereinafter referred to as “Plaintiff”) are companies with the purpose of construction business, etc., and Defendant E and D are directors, auditors of H Co., Ltd. (hereinafter referred to as “H”) with the purpose of construction and engineering work, etc., and Defendant F, G, and C are investors of the above H.

The conclusion of the instant construction contract was made by H on March 25, 201, and purchased from JJ 1,246 square meters (hereinafter “instant land before the instant partition”) in Ulsan-gu, Ulsan-gu (hereinafter “instant land before the instant partition”) prior to the partition, and completed the registration of the right to claim ownership transfer on April 25, 201.

Plaintiff

On June 21, 2011, the Company entered into a construction contract with H to undertake construction works to build a main complex apartment on the ground of the instant land before the instant partition (hereinafter “instant construction works”).

The land before the instant subdivision was divided into five parcels on July 13, 201 (hereinafter “each of the instant lands”). On July 25, 201, H completed the registration of transfer of ownership and transfer of ownership with respect to each of the instant lands, following the transfer of the registration to the Defendants.

The construction period under the contract for construction works: the contract amount in December 201 as completed September 201, 201: the special matters (based on 2,500 square meters).

1. Primary period of construction cost: The balance of loans excluding the amount of KRW 300 million for the executive company's player from among loans of approximately 377 square meters at early stage shall be the construction contract amount; b) the balance of loans excluding the amount of KRW 300 million for the executive company's player from among loans of approximately 377 square meters: The amount of existing loans incurred by entering a construction project on the side of the project shall be calculated and paid as progress payment: Provided, That 200 million out of loans created between three months and four months after the commencement shall

In addition, the remainder of the unpaid construction cost shall take the first priority in order to immediately generate the completion loan after completion.