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(영문) 대구지방법원 2017.12.13 2016나14063
청구이의
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. On May 28, 2012, the construction period of the construction site (including value-added tax) for the contractor’s construction site (including the value-added tax) on the date of concluding the contract for the basic fact number: (a) was merged into F land on September 26, 2013, around June 2013 to June 5, 2013; (b) CF large 431 square meters and G large 180 square meters on September 26, 2013.

1,648,075,000 won from September 12, 2013 to June 30, 2014; 3,754,300,000 won

A. The Plaintiff and C entered into the following contract with D Co., Ltd. (hereinafter “D”) as to the construction of an aggregate building (hereinafter “the instant construction”) purchased by borrowing KRW 100,00,000 from D and purchased by C from D, respectively, (hereinafter “the instant construction”).

B. D commenced the instant construction in accordance with the foregoing contract, but suspended the construction on January 2014, and thereafter on April 28, 2014, the Plaintiff and C’s agents: (a) drafted a memorandum of waiver of construction; and (b) H entered into two debt repayment agreements on KRW 110,000,000 in total with the D representative director I on the same day; and (c) drafted two copies of notarial deeds to I as follows.

A creditor of the authentic deed mentioned in Paragraph (1) of this Article (hereinafter “notarial deed”): A debtor: 5,00,000 won for a loan and construction payment due date: 27,500,000 won shall be repaid until June 10, 2014; and 27,50,000 won shall be repaid until July 20, 2014.

Interest: (Public Notice) Damages for delay: If the debtor delays the repayment of the principal or interest above, damages for delay shall be paid to the creditor at the rate of 20% per annum on the delayed principal or interest.

No. 105 (hereinafter referred to as "Notarial Deed") No. 105 (hereinafter referred to as "Notarial Deed") of 2014, a notary public is the same as the entry of the No. notarial Deed in this case, unless the debtor is C.

C. The Plaintiff and C totaled the instant construction work for the Daesan Comprehensive Construction Co., Ltd. (hereinafter “Masan Construction”) on the same day.

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