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(영문) 의정부지방법원 고양지원 2018.09.21 2017가합76800
약정금
Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, KRW 55,000,00,000, and Defendant D, KRW 55,000,00 and each of the said money.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs a housing construction business, etc., and E is a representative director of F Co., Ltd. (hereinafter “F”).

(2) Around 2015, F was awarded a contract with F for a new construction of H canal wells on the ground of G sports site 688 square meters (hereinafter “instant land”). The Plaintiff was awarded a contract with F for a construction of the construction of the construction of the four buildings of other canal wells building (hereinafter “instant building”). The Plaintiff was awarded a contract with F for an additional construction of the construction cost of KRW 600 million (the construction cost of KRW 125,000,000 for each bond sheet of the building, KRW 25 million).

(hereinafter “instant construction contract”). B.

While the Plaintiff had been performing construction works under the above construction contract, F sold to Defendant C the I Dong amounting to KRW 370 million among the instant building, KRW 360 million to Defendant D’s Jdong amounting to KRW 360 million, and KRW 350 million to Defendant B.

Defendant C and D paid 150 million won each as the sale price to F, and Defendant B paid 80 million won each as the sale price.

C. The F of the accord and satisfaction agreement between the Plaintiff and E failed to pay the construction price to the Plaintiff due to aggravation of the financial situation, and E’s creditors were subject to provisional attachment and decision on commencing the auction of the instant land.

Accordingly, on July 1, 2015, L, which invested funds to K and K, agreed with F as follows:

F shall delegate all construction costs and funding (sale, loan, etc.) for the instant construction project to K and L, and shall take all measures to ensure that K and L can manage all the construction costs and financing (sale, loan, etc.) including sale of a newly constructed building and a newly constructed building.

All funds execution and approval at the construction site of this case shall run K and L.

K and L are not responsible for the preceding part of this Agreement.

(1) The Plaintiff and the Defendants on December 4, 2015 shall deliver a written contract to establish a right to collateral security and transfer ownership.

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