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(영문) 서울고등법원 2015.05.29 2012나95747
공사대금
Text

1.The judgment of the first instance, including a claim added, reduced, and expanded in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. On January 201, 201, the Defendant entered into a contract for construction works between the Defendant and the Symnas Development Co., Ltd. and the Symnas Development Co., Ltd. (hereinafter “Symnas Development Industry”).

(i)the development of a professional source corporation and a professional source corporation (hereinafter referred to as “professional source development”);

2) As between the Jinsung-gun, Jinsung-ri 591-2 and 591-4 above-ri 591-4 (hereinafter referred to as the “instant contact”).

2) Construction work (hereinafter “instant construction work”)

As to the owner, the owner entered into a contract for construction works with the amount of KRW 6.5 billion (hereinafter “instant contract”).

(2) Of the terms and conditions of the instant contract, the key contents pertaining to the instant case are as follows.

(hereinafter referred to as the “instant special agreement for payment in lieu of construction price” under Articles 4 and 5 of the said special agreement. The stockholder and executor of the owner of the building, the executor according to the stock and management right transfer agreement between the contractor and the contractor, and the contractor shall pay the owner’s share and management right to the shareholders within the period prescribed by the contract for the transfer of the above shares and management right. If the contractor or the contractor pays the price within the period prescribed by the contract for the transfer of the shares and management right, the special agreement becomes null and void.

The operator of Article 3 shall complete condominiums by March 31, 201, jointly and severally with the contractor by concluding a contract for construction works with the contractor for the remaining construction works owned by the owner of the building.

Article 4 In the event that the executor completes the aforesaid condominium by March 31, 2011, the owner of the building shall pay the contractor the total construction cost with the right of a contact member (which shall be settled by the approved sale price), and the executor shall not request the owner of the building to pay money.

Article 5 Enforcement Officer and the City Construction Corporation shall be above March 31, 201.

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