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(영문) 서울중앙지방법원 2019.08.14 2018가합587302
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On January 30, 2013, the Plaintiff entered into a contract for the construction of F apartment (including value-added tax) (hereinafter “instant construction”) with C Co., Ltd. (hereinafter “C”) on the land outside Songpa-gu Seoul and two parcels (hereinafter “instant land”) (hereinafter “instant land”), setting the price of KRW 4.91.6 million (including value-added tax), and the period from February 18, 2013 to June 20, 2014 (hereinafter “instant contract”).

B. Since then, the Plaintiff entered into a business agreement and an agency contract with respect to the instant construction project (hereinafter “instant agency contract”) with 11 land owners, including C, as land owners (A), as the Si Corporation (B), as the Defendant’s agent trust (A), G association, and H association as the lending financial institution (a). The main contents are as follows.

Article 3 (Function and Work) (1) A shall perform the following duties as the implementer of the project:

3. Affairs concerning various authorization and permission, such as building permission and revision thereof, and implementation of conditions for authorization and permission;

5.(2) A shall perform the following duties as the contractor for the project:

1. Completion of a liability within the construction period stipulated in the contract agreement entered into with A. (3) D shall perform the following duties as an agent under delegation by the parties to this contract:

1. Conclusion of a contract for security trust for the entire project site;

4. Management and implementation of the project fund, such as proceeds from sale related to the project;

5. Article 11 (Payment of Construction Costs, etc.) (2) The construction cost shall be paid from the Fund Management Account for each 45-day period from the Supervision Group’s construction completion certificate (or a process confirmation) and the subcontractor’s payment certificate for the previous installment construction cost, attached thereto, and the construction cost shall be paid Byung within seven business days from the date the Party requested.

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