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(영문) 울산지방법원 2016.12.28 2015가합22546
공사대금
Text

1. The Defendant’s KRW 270,153,910 for the Plaintiff and KRW 6% per annum from July 28, 2015 to December 28, 2016.

Reasons

Basic facts, the preparation and details of the construction contract agreement between the plaintiff and the defendant

1. Construction name: A construction work of new hotel;

2. The place of construction: Gyeong-si, Chungcheongnam-si.

3. Date of commencement: July 15, 2014: Date scheduled for completion: Contract amount on July 14, 2015: 9,200,000,000 won (excluding value-added tax).

6. Contract deposit: 1,700,000,000 won at the time of the first execution of tourism promotion fund.

7. Amount completed: To be paid once a month at the end of each month.

8. Balance: The Plaintiff (hereinafter “Plaintiff Company”) and the Defendant prepared, on June 28, 2014, a contract agreement on the following (hereinafter “instant construction agreement”) with respect to the new construction of the C Ground D Hotel (hereinafter “instant hotel”) located in the Defendant, Young-si (hereinafter “instant construction”) located in the Defendant, on June 28, 2014, within 1,200,000 won, and 60 days after completion of construction:

A. No. 2 and No. 17-1

1. The defendant and E agree to the joint business owner of the hotel of this case as 50:50 shares.

2.For the fulfillment of the above-mentioned shares, E shall pay to the Defendant the land price of KRW 600,000 (1/2 of the land area), KRW 75,000,000 (1/2 of the total price of KRW 150,000,000) for the design cost.

- In the event of the addition of the total construction cost, one half shall be borne separately.

3. The timing and amount of payment of the purchase price of 1/2 of land (site) - down payment of KRW 10,000,000 on June 30, 2014 - The remainder of KRW 590,000,000 shall be paid at the time of completion of the construction permit on July 14, 2014.

5. The additional costs incurred thereafter shall be borne in 1/2 each.

6. After the conclusion of the above contract, the defendant will assume the position of the chairperson of the plaintiff company, and Eul shall delegate the authority corresponding to the duties of the chairperson to the defendant.

(A) On June 30, 2014, the representative E of the Plaintiff Company and the Defendant concluded a partnership agreement with respect to the instant hotel on the following matters:

(c).

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