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(영문) 대전고등법원 2018.05.30 2017나12385
약정금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. Around May 21, 2014, Defendant A drafted a written contract between the members construction industry of the company (hereinafter “Large-si Construction”) and the members of the company (hereinafter “Large-si”) to contract for the construction of 2,207,450,00 construction cost, Kimcheon-si and 1 parcel of land for the construction of 24 households. Defendant B drafted a contract agreement between the members of the company on the same day and the construction cost of 1,472,870,000 to contract for the construction of 16 households of multi-household housing on the ground of Kimcheon-si, Kimcheon-si.

The Defendants agreed to terminate each of the above contracts with the construction of the members.

B. After the compromise between the Defendants and the Plaintiff on May 21, 2014, the contract date was entered into between Defendant A and the Plaintiff, with the construction cost of KRW 2,207,450,00,000, and the construction cost of KRW 2,207,450,000, and the contract date was entered into between Defendant A and the Plaintiff, under which Defendant A and the Plaintiff contracted the Plaintiff for construction of a multi-household 24 households on the ground, and the contract date was entered into between Defendant B and the Plaintiff on May 21, 2014, with the contract date of the construction cost of KRW 1,472,870,00 for the construction cost of KRW 16 households on the ground of Kimcheon-si and the Plaintiff.

(C) Each of the above multi-household housing units (hereinafter referred to as "this case loan" and "this case contract").

On February 12, 2015, the Defendants stated that “10 million won out of KRW 195 million out of the loan of this case shall be repaid to Defendant A upon completion of the part of the loan of this case, and the remaining KRW 95 million shall be paid at the same time as the completion of the part of the loan of this case,” and that “the cash custody certificate of this case (Evidence A 2; hereinafter “the cash custody certificate of this case”) and “the Plaintiff shall be paid in full as well as in all the civil petitions and all the matters arising out of the loan of this case at the site of the loan of this case, and shall not be liable for all the defective parts.”

“.......”

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