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(영문) 서울중앙지방법원 2020.09.04 2019가합1157
공사대금 청구의 소
Text

The Defendant Lessee (Counterclaim) is jointly and severally liable for KRW 837,283,528 against the succeeding Intervenor of Plaintiff A corporation and this.

Reasons

1. Basic facts

A. A. Around December 2016, Plaintiff C and Defendant D drafted a written agreement (hereinafter “instant agreement”) with regard to the construction of the new construction of the “H” multi-household 4-dong 21 household (hereinafter “instant building”) on the ground of the F and G (hereinafter “instant site”) of the Incheon Spojin-gun,” and “H” 4-dong 21 household (hereinafter “instant building”) (hereinafter “instant construction”). The following written agreement (hereinafter “instant agreement”) was written in front of the name, “A,” and “B,” and the resident number column was written in the following resident number column:

Address: Address: I, Shinjin-gun-gun, Incheon, J, Shin-gun-gun, Incheon, a total floor space (240 square meters), K (1,322 square meters), and a total floor space (682 square meters) refers to “A” and “B” refers to “A” and “A”. (A) “A” provides land (20 million won. “B” provides construction cost). The execution cost for the said land shall be set at KRW 1,300,000 (including part of civil construction cost), and the execution work shall be completed by “B”. (a) The execution cost for the said land shall be set at KRW 1,30,000,000 (including part of civil construction cost), and the execution shall be completed by “B”.

The term "A" shall be responsible for sale in lots.

Taxes, etc. on sale shall be borne by "A".

(A) at the time of sale, “B” bears the burden of “A”. Various personal admission expenses, authorization and permission expenses, and design expenses shall be borne by “A”.

When a civil petition occurs, "A" shall be resolved.

Provided, That the civil petition due to the negligence of "B" shall be resolved by consultation between "A" and "B". The retaining wall and side of the access road construction shall be installed "A" if necessary for the requirements for the completion of civil works.

When changing civil engineering and construction design, "A" shall be responsible.

The Corporation shall consult on “A” and “B” if necessary due to change of the legal surface. The Corporation shall pay the proceeds of sale in lots and bank loans, and the loan business shall be determined and used by “B” at will, and shall be loaned and sold within one year after the completion, and 21 household shall be determined as KRW 1,520,000,000 if the payment of the construction is insufficient, and shall be determined as KRW 21,00,000,000.

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