logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.02.08 2015나2062034
약정금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.

The defendant.

Reasons

1. Basic facts

A. On December 15, 2008, the head of a stock company (hereinafter “the construction of this case”) entered into a contract for comprehensive construction (hereinafter “comprehensive construction”) with the construction cost of KRW 971,00,000 (the construction cost of the building newly constructed by the construction of this case shall be reduced by 250,000,000 in consideration of the circumstances where the construction was already conducted from the value-added tax separate, KRW 1,21,000 to the fourth floor) and the construction cost of the building shall be determined on May 30, 2009, and the land and the building shall be paid as a bank loan shall be paid as a collateral without advance payment and progress payment, and the loan shall be paid as a comprehensive construction.

B. On January 10, 2009, the Defendant agreed that the instant construction was subcontracted in lump sum by setting the construction cost of KRW 971,00,000 (excluding value-added tax) and May 30, 2009, and that the construction cost shall be paid for the land and buildings as bank loans as security after completion of the building without advance payment and progress payment.

C. On February 26, 2010, the approval for use of the instant building was made on February 26, 2010, and registration of ownership preservation was completed in the name of the Plaintiff on April 8, 2010.

When the Defendant requested the Plaintiff to procure construction costs due to the failure to procure construction costs while performing the instant construction project, the Plaintiff borrowed money from E, D, and F and paid interest to D and F as follows:

1) The Plaintiff borrowed 250,000,000 won from E on February 9, 2009 without interest, with a view to making payment upon the execution of a bank loan after the completion of the instant construction work. 2) The Plaintiff borrowed 200,000 won from D on June 18, 2009 after deducting 3% of interest per month and the due date for payment of 18,000,000 won as of September 18, 2009.

At this time, the defendant confirmed that the loan was first repaid when receiving the construction cost of this case.

The Plaintiff shall pay D interest in KRW 4,00,000,000 on October 23, 2009, and KRW 10,000,00 on January 26, 2010.

arrow