(영문) 대구지방법원 2018.11.15 2017가합209734

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.11.15 2017가합209734

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the actual owner of B Co., Ltd. (hereinafter “B”), and B is the owner of D Commercial Building in Daegu Suwon-gu C (hereinafter “instant building”).

B. On August 10, 2012, the Defendant and B concluded a contract for construction works to be subcontracted to the Defendant on January 15, 2013 with the completion date of the instant new building construction works as well as the construction cost of KRW 6.6 billion (including value added tax). As to the payment of the construction cost, the Defendant and B agreed to pay KRW 50-60 of the sale price and deposit money as the remainder of the construction cost after the trust company’s loan to the Defendant, and the remainder of the construction cost is paid after the completion date by lending real estate (T) as security and paying KRW 1 billion before the completion date of the instant building.

C. The Defendant lent a total of KRW 506,00,000 to B in relation to the construction of the instant building.

In the event that the sale of the instant building was not well achieved, and that B was unable to obtain a loan from a financial institution as collateral because it was difficult for B to obtain a loan from a financial institution due to the lack of credit standing, B and the Defendant agreed on April 2, 2013 that B and the Defendant paid the Defendant construction expenses, etc. according to the construction contract. As follows, B and the Defendant agreed to pay the Defendant the entire unsold housing unit among the instant buildings unsold in lots on behalf of the Defendant in lieu of the construction expenses, etc., and

(hereinafter “instant accord and satisfaction agreement”). B pays to the Defendant the entire unit space (as 19 units, 113, 114, 211, 212, 213, 410, 411, 511, 810, 812, 813, 910, 911, 912, 912, 913, 913, 1310, and 1144 below) of the instant building unsold in lots, which was finally settled through consultation with the Defendant under the contract for the new construction of the instant building.

B The amount of KRW 56 million borrowed by the Defendant in connection with the Project is also included in the above construction cost.

유사 판례

-서울중앙지방법원 2015.11.19 2014가합505999

-서울중앙지방법원 2016.10.05 2014가합577338

-서울중앙지방법원 2014.08.28 2013고합1324

-춘천지방법원원주지원 2014.09.25 2012가합3049

-인천지방법원 2018.03.20 2017가단202813