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(영문) 수원지방법원성남지원 2020.04.17 2019가합401482
의사진술을 구하는 소
Text

1. The defendant has expressed his/her consent to D Co., Ltd. in a written request for fund execution.

2...

Reasons

1. Basic facts

A. 1) Co., Ltd. E (hereinafter “E”)

2) The project to build the F canal wells (hereinafter referred to as “instant project”).

As an executor on September 15, 2014, the contract for the construction of the said canal wells with the Defendant on September 15, 2014 (hereinafter “instant contract”).

(2) On October 15, 2014, the Defendant agreed to pay KRW 650,697,00 for the first intermediate payment of KRW 433,798,000 until November 15, 2014, the second intermediate payment of KRW 433,798,00 until December 15, 2014; and the remainder payment of KRW 650,697,00 until April 30, 2015, while purchasing building materials, such as structural materials, necessary for the instant construction from the Plaintiffs.

(hereinafter “instant purchase agreement”). (b)

In relation to the instant business, E, Defendant, D (hereinafter referred to as “D”), and G Cooperatives (hereinafter referred to as “loan financial institution”) entered into a business agreement and a fund management agency contract with respect to the instant business, around 2014, as follows.

(hereinafter referred to as “instant agency contract,” and under Article 3 (Involving and Duties), “A,” “A,” and “A” are responsible for carrying out and carrying out the business falling under each of the following subparagraphs. ① The “A”, as the executor of the project, shall carry out the following duties as the executor of the project: (1) The cancellation of all third parties’ rights, such as securing ownership of the project site, limited real rights (mortgages, provisional registration rights, lease on a deposit basis, superficies and registered lease rights established on the project site:

5.The repayment of the principal and interest of loans necessary for the Project. (2) The term "B" shall, as the contractor of the Project, perform the following duties:

1. When 70% or more of the construction cost is paid, the completion of the responsibility within the construction period (nine months from the commencement date).

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