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(영문) 부산지방법원 2018.01.10 2016가합42452
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) KRW 29,076,942, and KRW 31,591,624 with the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff is a company running the indoor decoration and remodeling business, and Defendant A and B are children of Defendant C.

B. On July 9, 2014 between the Plaintiff and the Plaintiff, Defendant C drafted a construction contract between the Plaintiff and the Plaintiff, under which the construction of the e-mail (hereinafter “the instant e-mail”), on the ground e-mail (hereinafter “the instant Gade”), F, and three lots of land (hereinafter “the instant Gade”), Gane (hereinafter “instant e-mail”), H, and 2 lots of land, the e-mail (hereinafter “instant e-mail”); and the 3 Dong of the said e-mail (hereinafter “each e-mail”). The main contents are as follows.

The construction amount: The balance of KRW 500 million: 1.7 billion and the loan shall be paid at the time of the loan to the main building.

The term of contract: The remainder of 600 million won from August 1, 2014 to December 31, 2014 shall be treated as JMoMoel balance.

C. Defendant C entered into a sales contract with K on the same day on the same day to sell Jelel and its site on the ground of Kimhae-si (hereinafter “instant sales contract”). The main contents are as follows.

The purchase price: 3.8 billion won loan: 80 million won loan: 2.4 billion won (agricultural Bank) shall be succeeded to.

Deposit for lease on a deposit basis: 80 million won shall be succeeded to.

Any balance: Article 2 (Transfer, etc. of Ownership) of the KRW 600 million (hereinafter “Defendant C”) shall receive the balance of the purchase price and deliver all documents necessary for the registration of transfer of ownership to K and cooperate in the registration procedure, and the date of delivery of the said real estate shall be July 9, 2014.

Special agreement - down payment of KRW 800,000 shall be replaced by a deposit for the lease of the Jammoas, and an intermediate payment of KRW 2.4 billion shall be replaced by the obligations

- The balance of KRW 600 million shall be settled between the balance of KRW 2.8 billion for the construction cost at the completion of the instant unmanned telecom construction project and KRW 600 million for telecom trade.

On September 18, 2014, Defendant A, Defendant B, Defendant B, and Defendant C, after having registered the business of the E unmanned telecom, respectively, subject to the preparation date between the respective Plaintiff and each other on July 9, 2014.

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