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(영문) 서울중앙지방법원 2016.11.04 2015가합17802
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(a) deposit in each member according to its equity ratio;

Article 28 (1) The application for the payment of construction costs and the receipt of the payment for completed works (including the payment for completed works) shall be made in the name of each participating member: Provided, That with respect to the unpaid members who fail to pay the payment for common costs and the settlement of profit and loss, the representative shall, upon the receipt of the payment for the payment, appropriate the nature of the members in lump sum from the ordering person to the amount exceeding 18% per annum of unpaid amount and interest accrued after the receipt of the lump sum from the ordering person, and shall pay the balance after a lump sum deduction, and at the time of the occurrence of the cause prescribed in Article 15, our payment for the payment for the transfer-lease project in this case shall be suspended until settlement is made from SPC (SPC) at the time of the occurrence of the cause set forth in Article 15.

According to the revised construction contract, the amount of completion settlement was agreed to be paid by the Defendant in quarterly installments every ten years for the construction work price, which reflects 692,715,144 won (excluding value added tax) by applying a total of 15.45,75,647 won (excluding value added tax) and GDP display display panel.

B. The Plaintiff ordered the Defendant to pay the construction cost, etc. as Seoul Eastern District Court No. 2010 tea 11189 and 201 tea 828.

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