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(영문) 서울중앙지방법원 2014.01.23 2011가합95408

약정금 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is the executor of the business (hereinafter “instant apartment project”) that newly constructs and sells D apartment units on the land located in the Southern-gu B Land Partition Zone C (hereinafter “instant apartment unit”) at the port of port, and the Defendant KS Construction Co., Ltd. (hereinafter “Defendant KS Construction”) is a contractor who received a contract from the Plaintiff for the said new apartment construction. Defendant KSDD Co., Ltd. (hereinafter “Defendant KSD Co., Ltd.”) is a sales agent for the said apartment unit.

B. 1) On September 28, 2006, the Plaintiff entered into an agreement on the instant project (hereinafter “instant project agreement”) with Defendant SK Construction, to newly construct the instant apartment on the land located in the Southern-gu B Land Partitioned Zone C at Port, Nam-gu, Seoul, and to determine the construction amount as KRW 82,976,960,000 (excluding value-added tax) (hereinafter “instant project agreement”).

The contract of this case was concluded. The main contents of the contract of this case are as follows. The sales revenue of this case is to be used in the following order: (i) taxes and public charges (in the case of corporate tax imposed on the Plaintiff, under the responsibility of the Plaintiff) and land expenses, including the balance, M/H construction and advertising expenses, trust fees, supervision fees, design expenses, etc. (excluding the litigation expenses related to the Plaintiff, but if it is deemed that the lawsuit is necessary for the project in the determination of Defendant Sc construction, it shall be recognized as the essential business expenses.

A person shall be appointed.

2. Repayment of principal and interest pursuant to the monthly repayment schedule among loans borrowed by the plaintiff for the business in the interest of the plaintiff;

3. Other expenses agreed upon by the Plaintiff and Defendant KS Construction (the Plaintiff’s operating expenses, etc.).

4. Progress payment for the construction works and overdue interest in the construction cost of the defendant KS construction;

5. The plaintiff's development gains and investment expenses (collectively settled at the time of completion of the project) Section 27 (Effect of Agreement). ② P/F. P/F.