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(영문) 광주지방법원 2011.01.20 2010가합4280
추심금
Text

1. Of the instant lawsuits, the amount of KRW 94,706,850 and the interest rate of KRW 20% per annum from April 10, 2010 to the date of full payment.

Reasons

1. Basic facts

A. On March 21, 2006, the non-party company (1) entered into a contract for the implementation and construction of the A apartment reconstruction project (hereinafter “instant apartment”) with the Defendant on the charge charge against the Defendant of the B Co., Ltd. (hereinafter “Non-Party Company”) (hereinafter “Non-Party Company”) on the following: (a) the non-party company conducted and constructed the reconstruction project on the ground of the second and fifteen stories above the ground of Incheon Gyeyang-gu and the 15th above ground; and (b) the non-party company entered into a contract for the implementation and construction of the A apartment reconstruction project (hereinafter “instant execution execution contract”).

(2) The non-party company and the defendant agreed on the payment of the contract amount under the enforcement execution contract of this case as follows.

1. The contract amount for construction works of the non-party company shall be the aggregate of the additional charges for each member and the general sale price for apartments.

(2) The defendant shall faithfully perform his/her duty to pay contributions as follows:

(Provided, however, the following shall be paid out of the remainder of the contributions paid up to the present year - 20% after the establishment of concrete with the third floor above ground : 20% after the establishment of concrete with the third floor above ground : 20% after the establishment of concrete with the third floor above ground 8: 20% after the establishment of interior works - 20% after the commencement of interior works - 5% after the establishment of interior works: 20% after the occupancy of 3,951, 627,00 won.

(4) The reconstruction construction of the apartment of this case is completed at least by the 15th floor concrete building building on the ground.

B. On March 16, 2009, the conciliation was concluded to pay the Plaintiff a sum of KRW 960,000,000,000, as follows, in the lawsuit filed by the Plaintiff against the non-party company for the payment of construction costs.

① A non-party company shall pay to the Plaintiff KRW 960,000,000, among which KRW 300,000,000 among them shall be paid until April 30, 2009; KRW 300,000,000 until June 30, 2009; and KRW 360,000,000 until August 31, 2009.

② Nonparty 2.

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