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(영문) 대구지방법원서부지원 2019.04.17 2018가단59509
청구이의
Text

1. A debt repayment contract (No. 487) signed by the Defendant’s notary public D on June 4, 2018.

Reasons

1. Basic facts

A. On March 10, 2018, the Plaintiff B and the Defendant concluded the instant construction contract with the content that the Defendant newly constructed the instant building (hereinafter “the instant building”) on the ground of the Gyeongbuk-gun, Chungcheongnam-do, in the construction cost of KRW 100 million (excluding value-added tax) (hereinafter “the instant construction contract”).

B. On June 4, 2018, the Plaintiffs and the Defendant, at the notary public D office, paid the Defendant a lump sum payment of the construction price of KRW 25 million by June 30, 2018, as the No. 487 of the deed number 2018, and written a notarial deed in which Plaintiff B guarantees the Defendant’s obligation to pay the construction price to Plaintiff A (hereinafter “notarial deed of this case”).

C. On June 4, 2018, the Plaintiffs and the Defendant drafted the instant notarial deed along with the instant notarial deed (hereinafter referred to as “instant notarial deed”). The Plaintiff B and the Defendant, the owner of the instant notarial deed, and the F representative of the notarial deed, agree on the overall circumstances related to the remaining construction process and construction cost payment method, director schedule, completion schedule, etc., and promised to comply with the agreement.

1. Construction schedule: By June 15, 2018, the contractor shall complete an application for approval of the inside construction, completion of construction, and permission;

The Si Corporation shall notify the project owner immediately when the construction schedule is changed or cancelled.

(b) No contractor may postpone or delay the construction without regard to the project owner;

2. With respect to the remainder of 40 million won, excluding the amount of 60 million won paid by the project owner, out of the total construction cost of 100 million won, the project owner shall pay 25 million won to the contractor immediately after subtracting the amount of 15 million won from the amount of external construction (construction of bricks, back-to-water construction, and water-to-water construction) by June 30, 2018 after the application and receipt of the loan for housing improvement projects in the old-Gun;

provided, however, that the external works;

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