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(영문) 서울남부지방법원 2015.05.08 2013가합108489 (1)
대여금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) Han Construction Co., Ltd. amounting to KRW 14,837,90 and that amount to KRW 14,837,90.

Reasons

1. Basic facts

A. In the instant construction project, the Plaintiff planned to construct urban residential housing (hereinafter “instant construction”) under the name of “G” in the name of “G” (hereinafter “instant construction”) on the plot of land, the Plaintiff entered into a contract on September 1, 201 with respect to the instant construction project, namely, H’s trade name and registered its business on January 1, 201. On September 29, 201, the Commercial General Construction Co., Ltd. (hereinafter “Commercial Construction”) and the instant construction project as to KRW 11.4 billion for the construction cost, the construction period from October 7, 2011 to August 7, 2012.

B. When the instant construction is delayed due to the delay and discontinuance of construction, the Plaintiff and the Afforestation Comprehensive Construction extended the construction period on December 26, 2012. On May 29, 2012 and September 24, 2012, the Korea Housing Guarantee Co., Ltd. urged the Plaintiff to implement the construction on the grounds that the construction is likely to fall short of the aggregate progress rate compared to the aggregate progress rate of the construction plan as of the instant construction project, and suggested the details of the future plan, etc. requiring the future plan, etc.

Meanwhile, even if the Plaintiff received KRW 2.95 billion from the Plaintiff as the construction cost, the construction cost did not pay the subcontract price properly to the companies that entered into a contract with the construction complex construction project with the construction complex. Accordingly, the Defendant Han River Construction Co., Ltd. (hereinafter “Defendant Han River Construction”), Dongbu Development Co., Ltd., I, and Cheongdok Construction Co., Ltd., on September 18, 2012, notified the Plaintiff of the suspension of construction on the ground that he was not paid the subcontract price for the part of the construction project which was completed by the forest complex construction.

C. As such, the Plaintiff agreed to waive the instant construction work on October 31, 2012, inasmuch as the normal progress of construction works is difficult as the agreement on the waiver of construction works.

On December 24, 2012, the Plaintiff entered into a contract for the comprehensive construction of oil sources and the comprehensive construction of oil sources (hereinafter referred to as “comprehensive construction of oil sources”).

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