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(영문) 울산지방법원 2019.01.10 2018가합21315
운영비청구
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

가. 원고는 1993. 3. 10. 울산 북구 D 일원의 토지구획정리사업(이하 ‘이 사건 사업’이라 한다)을 위해 설립된 토지구획정리조합이고, 피고 B 주식회사(이하 ‘피고 B’이라 한다)와 피고 C 주식회사(이하 ‘피고 C’이라 한다)는 주택건설업, 토목건축공사업 등을 목적으로 하는 회사들이다.

B. On June 26, 2004, the Plaintiff entered into an entrustment contract with Defendant B on consignment of all the business affairs concerning the instant project, including the instant project, and carried out the said project through Defendant B. On May 22, 2009, the Plaintiff entered into a contract for construction work with Defendant B, again on May 22, 2009, to contract the instant project with Defendant B for construction cost of KRW 15.29 billion. In this case, Defendant C guaranteed the said construction work by Defendant B.

The contract for the construction work is determined as KRW 15.29 billion (the amount of the contract shall be KRW 9.166 billion for the civil construction cost, KRW 6.124 million for the loan amount), and the construction cost shall be paid as the total area of the land secured by the land secured by the development recompense in accordance with the land substitution plan, and the project period shall be from the approval date of the project plan to December 31, 201, and the contract may be terminated if there are reasons, such as “the plaintiff may terminate the contract when it is deemed that the progress of the construction project is extremely poor and it is unlikely to complete the construction project.”

C. In addition, on May 22, 2009, the Plaintiff and the Defendants sold 28,406.8 square meters of land allotted by the Plaintiff in recompense for development outlay for the instant project (hereinafter “instant recompense for development outlay”) to Defendant C in KRW 12,508,925,419, and Defendant C paid the purchase price in lieu of the construction price that the Plaintiff has to pay to Defendant B, depending on the nature and nature of the contract.

According to the above agreement, Defendant C paid the down payment of KRW 5,00,000,000 to Defendant B on the day of the contract, and the remainder of KRW 7,508,925, and KRW 419 was paid until May 31, 2012.

However, until December 2011, Defendant B completed the construction work of this case for the instant project at the rate of 60.06%.

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