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(영문) 대전지방법원천안지원 2019.08.29 2018가단113085

공사대금

Text

1. The Defendant’s KRW 157,200,000 as well as 15% per annum from October 5, 2018 to May 31, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

가. 원고는 토목건축공사업 및 부동산개발업 등을 목적으로 설립된 회사로, 천안시 서북구 C 일대 약 80,257㎡의 토지를 공업용지 및 관련시설(녹지, 도로 등)로 개발하는 사업을 진행하였다.

B. On January 16, 2016, the Defendant engaged in the manufacturing business with the trade name “D” entered into a contract with the Plaintiff to purchase 1,921 square meters (1,85 square meters in factory site, and 581 square meters in road site, hereinafter “instant sales contract”) from the Plaintiff, in Seoan-gu, Seo-gu, Seoan-gu, Seo-gu, Incheon, E, F, and G land included in the said business site (hereinafter “instant sales contract”). On January 18, 2016, the Defendant paid KRW 10,000,000 as agreed amount stipulated in the instant sales contract, and the main contents of the instant sales contract are as follows.

1) Sales amount: 348,00,000 won (hereinafter referred to as KRW 600,000 per square year): The time of payment of sales amount: 338,000,000 won, excluding the agreed amount of KRW 10,000,000,000, shall be paid within 10 days after the approval of factory construction and the adjustment of official cadastral records.

3) Area: The final sale area shall be determined by the size on the public register after the permission and the subdivision survey, and road shares may be divided in proportion to the sale area, and the amount shall be at least 600,000 won per square meter (Article 8(4) of the Special Agreement) per square meter (Article 8(4) of the Special Agreement) 4): At the time of transfer of registration, a sales contract between the owner of the land and the defendant shall be prepared at the time of transfer of registration, and the

5) Related to permission: The Plaintiff is responsible for the approval of the Class 2 district unit and factory establishment; the completion of civil engineering works in consultation with the Defendant after the permission for development activities is completed (in May 2016, the scheduled date for completion); and the Defendant shall provide the Plaintiff with all documents necessary for the above permission; and the Defendant shall directly implement the water supply-related construction work and the construction design and permission. (C) On April 26, 2017, the Plaintiff shall directly implement the construction work and the construction design and permission for the factory by the head of Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Incheon Metropolitan Government, and two-story factories (hereinafter “instant factory”).

D. The construction permit was newly issued.