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(영문) 서울중앙지방법원 2018.09.06 2018나6906
추심금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 64,000,000 as well as to the plaintiff on April 2017.

Reasons

1. Basic facts

A. 1) On September 25, 2013, the Defendant concluded a prop joint development agreement (Evidence A) with the Defendant, etc. on September 25, 2013 between the Defendant, F, and H (hereinafter “project owner, such as the Defendant, etc.”) and the Defendant, F, G, and H (hereinafter “C”) on the fourth parcel of land with four apartment units constructed and sold at least ten percent of the land acquisition price and business profit, and the construction work is conducted in the name of the owner, including the Defendant, while exercising the right of representation on behalf of the owner, in any contract, administrative procedure, etc. that occurred until the completion of sale, etc.

B. 1) The Defendant’s progress of the instant construction project is as follows: (a) on the land owned by Hongsung-gun Co., Ltd., Ltd., Co., Ltd., Ltd. (hereinafter “E”) on February 29, 2014 in order to newly construct a D apartment, a multi-family housing of six stories above ground

B) As between the construction project and the construction project, the construction contract form (Evidence A No. 10) was prepared between April 1, 2014 and September 30, 2014 and the construction work commenced (hereinafter “instant construction”).

(2) On July 4, 2014, the Clinte and E (on-site general manager I) drafted a written agreement (Evidence A 13) stating that the instant construction site was replaced first on June 20, 2014, the person in charge of construction work at the instant site was dismissed and deprived of his position and all rights before the former construction supervisor of E, who was the former construction supervisor of E, as of June 19, 2014.

On the other hand, E and I concluded a joint performance agreement on July 23, 2014 and agreed to jointly carry out a new construction project on the land of the above four parcels including the instant construction project, but the construction contract is under the name of E and the construction is under the responsibility of I.

(Evidence A. 6) 3 chloroNtec, I, and E shall enter into an agreement on construction adjustment around November 12, 2014, while chloroNtec shall enter into an I's introduction on September 15, 2014.

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