logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원서부지원 2019.02.15 2018가단107778
청구이의
Text

1. The Defendant’s notary public against the Plaintiffs (Law Firm D) No. 555, Sept. 28, 2017.

Reasons

1. Basic facts

A. The Plaintiffs and the Nonparty Co., Ltd. (1) concluded a construction contract for the construction of one unit of office and toilet building (hereinafter “instant building”) on the instant land (hereinafter “instant construction contract”) with the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) around July 2017, the Plaintiffs were co-owners of FM 3,718 square meters (hereinafter “instant land”).

(2) The details regarding payment of the instant construction contract are as follows.

The construction cost shall be KRW 75 million in total.

20 million won for down payment is paid after the non-party company submitted to the plaintiffs a performance guarantee issued from G.

The remaining KRW 55 million is paid after the completion of the permission by the non-party company submitted to the plaintiffs a letter of performance guarantee issued by G.

(3) Pursuant to the agreement on payment under the instant construction contract, the Plaintiffs paid KRW 20 million as the down payment to the Nonparty Company by August 11, 2017.

B. The non-party company discontinued the instant construction project and borrowed construction funds from the Defendant (1) The non-party company discontinued the instant construction project on or around September 2017 on the ground that the construction falls short of construction funds in the course of construction works to the extent of the floor construction of the instant building and the pipe-frame construction works.

(2) The non-party company decided to borrow KRW 30 million from the Defendant to raise part of the insufficient construction capital (hereinafter “the loan of this case”), and the plaintiffs agreed to stand joint and several surety for the loan of this case.

C. On September 28, 2017, with respect to the preparation of the Notarial Deed and Deed and the loan of this case, the original Defendant and Nonparty H, the actual owner of the non-party company, as to the loan of this case, as follows: (a) on September 28, 2017, the notary public, as follows: (b) on the No. 555 of the No. 2017, the No. 555 of the No. 2017, the No. 19

arrow