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(영문) 서울고등법원 2015.02.05 2014나7973
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

Reasons

Basic Facts

A party-related comprehensive construction company (hereinafter referred to as "selective construction company") is a company that has been established for the purpose of civil engineering, construction business, etc. and mainly contracted for construction of church, neighborhood living facilities, etc. to carry out construction works.

On July 15, 2011, the Seoul Central District Court declared the bankruptcy of the oil bed and appointed the plaintiff as the trustee in bankruptcy on the same day.

On December 5, 2009, the shipbuilding contract between the Defendant and the Defendant entered into a contract for construction works (hereinafter “instant contract for construction works”) with the Defendant, setting the construction cost of KRW 957,00,00 (including value-added tax) for the construction work that newly constructs the building of the second and sixth-story neighborhood living facilities (hereinafter “instant building”) on the ground of Seoul Gangnam-gu, Seoul, as the construction cost of KRW 957,00,00,000 (hereinafter “instant building”). On the following grounds, the down payment for construction works was estimated based on the present drawings and the materials brought into the site were excluded from the estimate, and at the later time the construction cost is increased or decreased, the Defendant and the Defendant shall enter into an additional contract for the change of the construction cost.

2. The interest on bank loans currently in progress shall be paid by first-class milk, but the interest on bank loans in which first-class milk has been repaid at the time of settlement of the construction expenses shall be paid by the defendant to first-class milk.

3. With respect to the lease of a building and the lease of a building (including the contract deposit), the construction cost shall be paid to the shipbuilding first by consultation with the defendant for the lease of a building;

4. The Defendant agrees to all the documents on loan of financial rights in order to cover the construction cost by generating loans of KRW 100,000,000 (10,000) per day from financial rights after the completion of the framework.

5. The payment of the construction cost shall be made up of the pre-paid and rent after completion, and the defendant will pay the insufficient construction cost within one month with bank account loans, etc.

6. The lease amount.

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