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(영문) 의정부지방법원 2017.06.29 2016가단120762
근저당권말소
Text

1. On August 14, 2013, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, for the Republic of Korea District Court, Yangyang-ju Registry.

Reasons

1. Facts of recognition;

A. On June 18, 2012, the Daelim Industrial Co., Ltd. (hereinafter “Nonindicted Company”) concluded a contract with the Defendant to contract for electrical construction of the said construction (including value-added tax) from June 18, 2012 to May 19, 2014, for the construction period from June 18, 2012 to May 19, 2014.

B. On August 14, 2012, the Plaintiff prepared and delivered a performance note to the Defendant, stating that “The Plaintiff will be responsible for the supply and execution of the Section C electrical construction (hereinafter “instant construction”), and that “the Plaintiff will be responsible for the occurrence of a problem in the construction and funding execution” (hereinafter “instant performance note”).

C. On August 14, 2013, the Plaintiff entered into a contract with the Defendant to carry out the instant construction project with the period of construction from July 26, 2012 to May 19, 2014 (all materials installation and trial operation conditions), contract amount as KRW 2,048,492,452 (excluding value-added tax) (hereinafter “instant contract”), and to pay the price after receiving the maturity (hereinafter “instant contract”), and the main terms and conditions of the said contract are as follows.

The contractor (hereinafter referred to as the “Defendant A”) and the subcontractor (hereinafter referred to as the “Plaintiff”) agree to faithfully implement the contract for construction works in mutual cooperation on equal terms and in good faith.

Article 2 (Observance of Acts and Subordinate Statutes) A and B shall comply with the Construction Business Act, the Fair Transactions in Subcontracting Act, and other relevant Acts and subordinate statutes in the performance of this contract.

Article 3 (Payment of Price) The method of payment in installments shall comply with the payment terms of the ordering person, and A shall be paid to B within ten days after receiving the price from the ordering person, and shall be issued as a tax invoice.

(The payment of the price is the same as the payment terms of the ordering party) The person under whose control is A, and all documents shall be submitted to A.

Article 4 (Labor Contract, Safety-Related Works)

1. Section B:

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