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(영문) 인천지방법원 2019.07.23 2018나66695
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Relevant party 1) C Apartment Housing Reconstruction Project Association (hereinafter “instant association”)

(2) On July 13, 2007, the Plaintiff was selected as the contractor for the housing reconstruction project on October 28, 2007 through the resolution of the general meeting of the instant association on October 28, 2007, and the Defendant is a member of the instant association.

B. 1) On January 31, 2008, the instant association entered into a contract for the construction of the C Apartment Housing Reconstruction Project with the Plaintiff. The instant association entered into a contract for the construction of the said housing reconstruction project on two occasions on January 13, 2010 and July 8, 2011 to the effect that the method of the project was changed from the equity share system to the contract system. However, the Plaintiff, the contractor, requested the instant association to pay additional charges after December 2012. The Plaintiff and the instant association entered into a final negotiation of additional charges from January 7, 2014 to January 10, 2014, and agreed that the additional charges of the instant association were to be KRW 89 billion, and there was no further additional charges to be collected in the future through a resolution of the special meeting held on January 26, 2014.

3) After that, the Plaintiff completed the reconstruction project by proceeding with the said housing reconstruction project, and obtained a permit for the use prior to the completion approval for the reconstruction “E apartment” reconstructed on June 30, 2014. Meanwhile, as of June 30, 2014, the amount of the agreement on the refund payment to the Defendant was stated in KRW 37,592,651 as of June 30, 2014. 4) The Plaintiff and the instant association constituted “37,592,651 won” in the calculation based on the amount of the refund for the complete liquidation to the Defendant on August 1, 2014.

(2) The notice will be given in the future.

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