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(영문) 서울고등법원 2015.12.11 2014나41478
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 10, 201, E entered into a sales contract with D on March 10, 201 to purchase KRW 4,000,000, and six other parcels owned D.

B. E and C newly constructed a freezing warehouse on the ground of Pyeongtaek-si and two parcels, which are part of the above land (hereinafter “instant land”), and established the Defendant on March 29, 201 in order to run the logistics warehouse leasing and trading business, and E assumed office as the Defendant’s internal director and auditor, respectively.

C. On March 10, 201, the Defendant succeeded to the buyer status of Pyeongtaek-si F and six parcels, which were concluded on March 10, 201 between E and D, and on July 20, 201, the sales contract was concluded with the Defendant and the seller at KRW 4,00,000,000 for the purchase price.

The plaintiff and the joint and several sureties of the defendant Eul: The purpose of this Arrangement is to clarify the rights and obligations between the parties in order to lend funds necessary for commencement of works to Eul and to select a construction company by delegation of the authority to select a construction company from Eul and to ensure the successful performance of the construction works in the case of constructing a warehouse (fash) facility building on the land of this Gyeonggi-si and two parcels of land (hereinafter referred to as the "project site").

Article 2 (Lending Money of A) A shall lend money of KRW 100 million to B.

Article 3 (Security of B and Joint sureties) (1) In order to secure the repayment of KRW 100 million of the above loan, the provisional registration of the right to claim ownership transfer registration based on the promise for payment in substitutes shall be established and made within seven days from the date of the loan.

Article 4 (Use of Rent) B shall have the interest on the delayed payment of the collateral security obligation (hereinafter referred to as the National Agricultural Cooperative Federation) established on the original project site in order to obtain a written consent of interested parties to the land use of the original project site from Gap, in order to obtain a written consent from interested parties.

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