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(영문) 대구지방법원 2015.02.10 2013가단57013
대여금
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit, the plaintiff's successor's claim, and the defendant (Counterclaim plaintiff)'s counterclaim.

Reasons

1. Facts recognized;

A. On May 9, 2013, A entered into, on behalf of the Plaintiff, a contract with the Defendant for the instant construction of B and six lots of land C (hereinafter “instant construction”) on behalf of the Plaintiff with the following content:

Article 2 of the Terms and Conditions of Special Agreement on 12 months from the date of the contract, and 0.1% of the contract amount per day for delay, the loan business of facility funds (such as the loan business of facility funds to secure the cost of construction works) shall be conducted by the defendant as the defendant's business, and the plaintiff as the contractor shall complete the responsibility as the contractor, and shall meet all the conditions for the loan of facilities funds by financial institutions, such as credit rating, management status (three-year financial standing), performance records, etc. for the performance thereof.

Article 3 (Methods and Timing for Advance Payments and Time of Advance Payments) Advance Payments and Advance Payments shall be made in accordance with the dates and methods stipulated in the provisions for the payment of facility funds for facility loans under Article 2 above.

Article 7 [Classification of Investigative Works] (1) Costs of installation of temporary power (including Electrical Safety Corporation) and water supply for construction and usage fees shall be borne by the Plaintiff.

Provided, That the part that was installed in the name of the defendant shall be changed to the name of the plaintiff.

Article 8 [Measures to be Taken When Suspension of Works] (1) It shall be deemed that the work has been abandoned when 14 days have elapsed from the date of commencement of the work or from the date of de facto suspension of work.

(3) When the progress of the construction project is suspended due to the Plaintiff’s cause and the date specified in the above paragraph (1) has expired, no objection may be raised even if the construction project is implemented by selecting another construction project entity. When the Plaintiff fails to continue the construction project, all of its operations may not be made during the required period until the normal construction is implemented.

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