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(영문) 광주지방법원 2014.10.02 2013가합6492
약정금 등
Text

1. Defendant A’s KRW 324,710,00 and, with respect thereto, KRW 5% per annum from August 2, 2013 to October 2, 2014, and the following:

Reasons

1. Basic facts

A. On June 3, 2012, the Plaintiff entered into a construction contract with Defendant A to newly construct two multi-household houses (F multi-household houses; hereinafter “instant loan”) (hereinafter “instant construction contract”) on the off-site D and E of Jindo-gun, Jindo-gun (hereinafter “instant loan”) with the construction period from June 5, 2012 to October 30, 2012, the contract amount of KRW 1,680,000 (Advance 168,000,000), and the contract amount of KRW 1,000,000 (Advance 168,000,000,000), including the delayed payment rate of KRW 1,00,000.

2. Approval for the construction cost;

(a) 10% shall be paid as down payment until June 8, 2012;

(b) pay part payments within the extent of about 10 per cent after the completion of the framework;

C. The Plaintiff agrees to receive the remainder as the substitute for the full amount, and at this time, the settlement shall be made at 95% of the sales price.

B. (1) On June 26, 2012, Defendant A drafted a written confirmation to the Plaintiff that “The construction was delayed due to the failure to pay the down payment in relation to the instant construction project on June 8, 2012, which is the date of the down payment, and thus, the Plaintiff shall not be held liable for the delay of construction, and the down payment already paid shall be paid not later than June 29, 2012, in addition to the down payment already paid, KRW 80 million,000,000,000,0000, in addition to the down payment already paid.”

(2) On October 30, 2012, the Plaintiff and Defendant A concluded a modified contract stipulating that the construction period of the instant construction shall be extended by December 31, 2012; and on December 31, 2012, the instant construction period shall be extended by April 15, 2013, respectively.

(3) After that, the Plaintiff and Defendant A entered into a modified contract to extend the construction period of the instant construction to May 31, 2013 (hereinafter “third modified contract”) on April 15, 2013 (hereinafter “third modified contract”), and “the following terms and conditions” are “the instant special agreement”.

The agreement was reached.

Matters of special agreement

1. Under the premise that up to now a modified contract will be executed with the second construction (G, H: 19 households).

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