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(영문) 대전지방법원 2018.11.21 2018가합279
건축주명의변경
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. The receipt was drawn up, and thereafter, stated in the above receipt the remainder of 30,000,000 won;

Q and R, on February 6, 2007, prepared and rendered to the Plaintiff on February 6, 2007, with respect to the remainder of KRW 30,000,000 among intermediate payments under the instant agreement, the following payment note (hereinafter “instant payment note”):

(3) The plaintiff argues that the remaining payment period of KRW 8.4 billion under the agreement of this case is "the point at which the project of this case is in progress and terminated" and that the payment period of KRW 8.4 billion should be paid to the plaintiff within 3 days on the ground that the payment period of this case was met under the circumstances where the construction of the building of this case or the sale of the building of this case was not completed. Thus, the plaintiff's payment period is very unusual to agree to pay the payment amount of KRW 8.4 billion within 3 days on the ground that the payment period of this case was met. Thus, the plaintiff's payment period of this case's letter and Q must pay the balance under the agreement with the plaintiff.* The payment period of KRW 1) K and Q secure L power of representation, 2) K and Q, and Q are agreed to pay to the plaintiff within 3 days if the decision is made.

We do not accept the argument.

3. Each letter of the partnership.

5.R, K, etc. enter into an agreement as follows on January 8, 2008 and withdraw all civil and criminal cases arising between them.

7. On July 21, 2005, the removal contract between N and the plaintiff on July 21, 2005 and the joint business contract between K and the plaintiff on October 14 of the same year are terminated at the time when the agreement is made. R et al. recognizes the amount invested by the plaintiff et al. under the joint business contract on October 14, 2005 as KRW KRW 10 billion.

8. The representative R shall transfer to K, etc. all the legal powers of K, etc., including the joint representative director, directors and 41% of shares of K, etc., at the same time, K, etc. shall transfer to K, etc.

provided, however, K. K.

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