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(영문) 서울남부지방법원 2017.06.30 2016가합103744
청구이의
Text

1. The Defendant’s notary public against the Plaintiff, No. 121, which was 2015, 31 March 31, 2015, drafted by the Defendant’s notary public against the Plaintiff.

Reasons

1. Basic facts

A. On December 2014, the Plaintiff, a person who runs a construction business under the trade name of B, entered into a contract with C Co., Ltd. (hereinafter “C”) and Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seoul with respect to the new construction of urban-type residential housing with the scale of 128 households from the first floor to the fourth floor above the ground on two parcels, for the construction cost of the new urban-type residential housing with the scale of 3,900,000,000 and the date of completion until September 30, 201

B. On December 5, 2014, C concluded a subcontract on the condition that the Plaintiff was in direct payment of the construction price, with respect to the construction work of reinforced concrete (hereinafter “instant construction”) among the construction work of the Defendant and the urban-type residential housing (hereinafter “instant construction work”) and the construction work of the instant construction work, as the construction cost of KRW 1,257,000,000 and the construction period from December 5, 2014 to June 15, 2015.

(hereinafter referred to as the “instant subcontract”). (c)

On March 30, 2015, the Plaintiff and the Defendant: (a) with respect to the amount of progress payment for each number of vehicles stipulated in the construction cost payment agreement; and (b) if the Plaintiff fails to pay the amount within seven days after the lapse of the payment date for each number of vehicles due to the Plaintiff’s circumstances, the Plaintiff shall pay to the Defendant in addition to 10% of the amount paid for each number of vehicles each month; and (c) if the Defendant receives the amount of progress payment for each number of vehicles and fails to resume the construction within seven days, the Defendant drafted a written agreement (hereinafter “instant agreement”).

In addition, on March 31, 2015, the Plaintiff and the Defendant paid KRW 200,00,000 to the Defendant on April 7, 2015, as a notary public from a law firm Multilock to a law firm in 2015, and KRW 150,000,000 on April 15, 2015, and KRW 150,000 on May 15, 2015, KRW 330,000 on June 10, 2015, KRW 30,000,00 on July 10, 2015, and KRW 17,000,00 on August 17, 2015, respectively (Article 2), and there is no liability to pay the construction price in cases where the repayment is not made due to compulsory execution.

(Article 10) provides a notarial deed of the content (hereinafter referred to as “notarial deed of this case”).

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