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(영문) 울산지방법원 2015.05.14 2014가합5124
약정금
Text

1. The Defendant’s KRW 50,000,000 as well as 5% per annum from July 10, 2014 to May 14, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On September 17, 2010, the Plaintiff entered into a contract for construction with the Defendant, who is engaged in a building business with the trade name of "C" with the content that the construction amount of KRW 504,00,000 shall be KRW 504,00,000, and the construction amount of KRW 1 bonds for multi-family house (B bonds) on two parcels, other than D, Ulsan-gun, Ulsan-gun, and two parcels. On November 201, 2010, the Plaintiff entered into a contract for construction works with the content that the construction amount shall be newly built as 154,00,000 won for multi-family house (C Dong) and the construction amount shall be KRW 33,00,000 for additional construction works in the above A and Dong (hereinafter collectively referred to as "each of the above contracts").

B. In paying the construction cost under each of the instant contracts, the Plaintiff borrowed KRW 1,250,00,000 from Nonparty G and took a method of directly paying the amount equivalent to the borrowed amount to Nonparty G’s business operators who received the contract from the Plaintiff (the Defendant, H, etc.).

C. On December 2010, the Defendant commenced the new construction of A and B multi-family house according to each of the instant contracts and completed A and B multi-family house around June 201, respectively.

On the other hand, on June 3, 2011, the Plaintiff completed the registration of ownership transfer in the name of Nonparty I, the Defendant’s third village in relation to the building B, in order to guarantee the payment of the construction cost to the Defendant, and on the above site, completed the registration of ownership transfer in the name of Nonparty I on

On June 25, 2011, the non-party J, who is in charge of the Plaintiff, the Defendant, and the pelvis construction, agreed on the following (hereinafter referred to as “the first agreement”) with respect to the method of arranging the construction cost and the amount of loan to G under each of the instant agreements, etc. (only the part related to the Defendant).

The amount payable for the Defendant’s construction cost of KRW 169,124,00 and the additional expenditure of KRW 94,00,000 in addition to the construction cost of KRW 40,000 shall be the relocation cost of KRW 22,000.

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