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(영문) 창원지방법원 2015.07.14 2014나2918
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Taemansan Co., Ltd. (hereinafter “ Taemansan”) is a company aimed at manufacturing machinery and equipment, construction business, etc.

B. On August 2, 2010, the Taeksan entered into a contract with the Defendant for the construction work to construct the factory site (hereinafter the above construction referred to as the “instant construction work”) on the land outside Kimhae-si B and one parcel (hereinafter referred to as “instant real estate”). The main contents are as follows.

(hereinafter referred to as “A” means the Defendant, and “B” means the solar acid. The area of “C” at the seat Kimhae-si, the area of which is 1,070 square meters (3,531 square meters)

1. A’s site for approximately 500 square meters shall be divided into the site for “A” and then the remaining site shall be acquired by transfer from “B”;

1. The site A shall be divided into the road surface on the road;

1. A shall pay a site down payment of KRW 50,000,000 (50,000) in a lot to invest a KRW 200,000 (200,000) in a lot for non-public works, etc. of the site, and the remaining KRW 150,000 (150,000,000) in a lot shall be paid in two installments during the work;

1. Amount of KRW KRW 30,000,000 (30,000,000) remaining after August 2, 2010, the intermediate payment of KRW 200,000 (100,000) which was paid to Eul, at the time of completion of construction in August 31, 2010 (30,00,000);

1.All the Corporation shall be responsible for the execution of the Project.

1.Any construction works and the transfer of registrations shall be 120 days from the date of the contract.

1. B shall be paid to A KRW 10,000,000 (10,000) per share in profits;

1. A shall pay a construction cost, such as retaining walls and works, etc. to the site of A, calculated and paid for KRW 60,000 per square meter’s equity (60,000);

1. The expenses for design changes and services shall be 50% per 50% per 50%;

(Settlement after Completion of the Project).

On November 29, 2011, the Plaintiff received the part of KRW 24,184,100 (hereinafter “instant claim”) out of the instant claim for the construction payment against the Defendant against which Taedoksan had been transferred from Taedoksan, and Taedoksan was the debtor on December 26, 201, the instant claim against the Defendant, who is the debtor on December 26, 201 by content-certified mail.

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