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(영문) 수원지방법원성남지원 2020.10.27 2019가합410202
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff related to the parties is the owner of the land outside C and three lots (hereinafter “instant land”). The Defendant is a corporation with the purpose of building construction business, etc.

B. On November 22, 2011, the Plaintiff entered into a construction contract, etc. (i) officetels on the ground of the Defendant and the instant land (hereinafter “instant building”).

c) the construction of the new construction (hereinafter referred to as “the construction of this case”)

(2) On July 14, 201, the Plaintiff, the Defendant, D Co., Ltd. (hereinafter “D”), E Co., Ltd. (hereinafter “E”), F Co., Ltd. (hereinafter “F”), and G Co., Ltd. entered into a business agreement and agency contract with respect to the instant building construction and sales business, and the contract contains the following:

Article 1 (Purpose) The purpose of this Agreement is to clarify the scope of business and responsibilities between Company A (the Plaintiff, Company D, referred to as Company A2, Company A, and 2 in common), Company B (the Defendant, 2, 1, and 2 in common), Company C (the Defendant, 2, 1, and 2 in common), and Company B (the Defendant, 2, 2, 1, and 2 in common), and to efficiently manage trust property and proceeds from sale in lots, thereby protecting buyers and carrying out this project smoothly.

Article 3 (Performance of Services and Duties) A, B, C, and C shall perform any of the following duties and bear the responsibility therefor:

(1) A1 shall perform the following duties as the implementer of the main project:

6. Performance of duties by a seller of buildings in units under the Construction Act, such as reports on sale of buildings in units and reports on free contracts.

1. Completion of responsibilities within the construction period, regardless of payment of the construction completion amount: Provided, That such works shall be commenced within three months from the date of conclusion of this Agreement;

(4) Sick shall enter into this Agreement.

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