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(영문) 대전지방법원 천안지원 2018.04.13 2017가합100935
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that mainly engages in the design and construction of the Housing Public Relations Center. 2) The Plaintiff entered into on March 19, 2016 a contract for the construction of model houses - the construction of a public relations center (Evidence A2; hereinafter “instant construction contract”). The main contents of the contract are as follows.

“A” and “B” housing association of the Plaintiff.

1. Title of contract: tentative-title B regional housing association;

2. Scope of services: All the construction works of public relations centers.

4. Contract amount: the 1,924,900,000 won per day (Won).

5. Payment Conditions: Down money (at the time of recruitment by 20 per cent of the members) - 40 per cent of the construction cost when 40 per cent of the construction cost is recruited after completion of 20 per cent of the construction cost, shall be paid by 40 per cent of the construction cost when members are recruited.

(Completion) 80% of the total construction cost shall be paid at the time six months have elapsed since the commencement of construction works.

(A) The Defendant (hereinafter referred to as “A”) of the Chairman of the Regional Housing Association Promotion Committee (hereinafter referred to as “B”) for the above services

) both the Plaintiff and the Plaintiff (hereinafter referred to as “B”).

A) The Model Housing Construction Services (hereinafter referred to as “this Construction Works, etc.”) of the instant association to be implemented by “A”

) B according to the delegation of B to B by “B”, “B” enters into a contract with “this construction services, etc.” under the terms and conditions specified below, and prepare two copies of this contract and keep one copy of each contract with the name and seal of “A” and “B.” The delegating Person B Regional Housing Association (hereinafter “the instant association”) (hereinafter “the instant association”)’s joint and several sureties of the Plaintiff “A” (the Plaintiff Company D”)’s joint and several sureties for the chairman of the Promotion Committee of the Regional Housing Association (hereinafter “the instant association”).

B. 1 Implementation of the instant construction contract ) C Co., Ltd. (hereinafter “C”);

C Whether it is a joint and several surety of the instant construction contract, regardless of

(1) On December 10, 2015, the Plaintiff leased the land of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, and F, and C became the owner, and received a certificate of completion of construction report on a temporary building on the ground above the land on May 2, 2016.

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