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(영문) 서울북부지방법원 2015.12.16 2014가합26440
채무부존재확인
Text

1. Ascertainment that there is no debt based on the Plaintiff’s letter of confirmation on April 1, 2014 against the Defendant

(c) 2.2.

Reasons

1. Basic facts

A. On June 9, 2010, the Defendant, the owner of each of the instant land C, D, E, and F (hereinafter “instant land”), gave a contract for construction of the instant land (excluding F; hereinafter the same shall apply) to the Plaintiff with the cost of KRW 339.6 million (including value-added tax) (hereinafter “instant construction contract”; hereinafter the main contents are as follows); and around that time, paid the down payment of KRW 150 million to the Plaintiff.

The expected annual month of completion: June 201 (it may be changed on the date of the commencement of this project): The remainder of KRW 150 million and the amount of money in advance: It shall be paid in accordance with any other special agreement.

[Special Agreement] [Method and Time of Payment for Construction Costs] This contract construction cost is paid only to the Plaintiff according to the Defendant’s circumstances, and the remainder shall be paid according to the agreement as follows:

C. 1) The payment of the contract price, in addition to the contract price paid at the time of the completion of the contract for the construction project, shall be made by setting up and lending the Defendant’s land and building (new medical care center) to the city bank after the completion of the construction project and paying the Plaintiff the balance of the contract construction cost incurred due to the shortage of loans after the payment of the contract construction cost by the city bank. 2) The Defendant shall pay the Plaintiff the balance of the contract construction cost within 60 days from the completion date of the construction project (medical care center).

B. On December 30, 2010, the Plaintiff and the Defendant agreed to increase the construction cost under the instant construction contract as KRW 3.74 billion (including value-added tax) and the said medical care center (hereinafter “instant building”) completed, and the registration of ownership preservation was completed on June 9, 201 under the name of the Defendant.

C. On July 14, 2011, the Defendant: (a) set up a right to collateral security of KRW 4 billion with respect to the instant land and building from the NFF and the secondary agricultural cooperative; and (b) KRW 1.5 billion with respect to the loan of KRW 3 billion with respect to the said land and building.

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