(영문) 창원지방법원 2016.10.27 2015가합35676

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(영문) 창원지방법원 2016.10.27 2015가합35676

정산금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a contract for a construction project between the Plaintiff and B (hereinafter “C”) on August 23, 2005, the Plaintiff is limited to “C” from B, 2005.

(2) The construction work of constructing a stable on the ground of 16,145 square meters of D forest land (hereinafter “instant construction work”).

(1) The contract was received in the amount of KRW 561 million (including value-added tax) (hereinafter referred to as “instant contract”).

(2) The Plaintiff and B agreed to pay the construction cost after completion of the construction completion inspection of the newly constructed stable, and that, if B is unable to pay the construction cost after completion inspection, the Plaintiff and B agreed to transfer the stable and site to the Plaintiff as a penalty without any condition.

B. Upon completion of livestock pens and division of land 1) The Plaintiff completed construction around December 2005 in accordance with the instant contract, and B is the livestock shed of this case as stated in the separate sheet (hereinafter “the instant building”).

(2) On December 27, 2005, the registration of initial ownership was completed with respect to D land was divided into E forest land E, 3,209 square meters (land category was changed to F on February 27, 2006, and land category was changed to F on February 27, 2006, and land category was changed to F; hereinafter “instant land”) and D forest land of 12,939 square meters.

C. B and G shall be paid KRW 10 million on the 31st day of each month from September 31, 2003 to November 31, 2003, and KRW 36,185,319 in addition to the amount of feed supplied by G from July 2002 to August 2003, B shall be paid KRW 10 million on the 31st day of December 31, 2003, and KRW 6,185,319 in addition to the amount of delay delay damages if any one time is delayed, and KRW 2% on the 2th day of each month shall be paid from January 204 to G, and KRW 200,000 from November 25, 200 to April 205, respectively.

3) G is a loan and a claim for the price of goods with respect to the above 1, 2, and 2 (hereinafter “instant claim”).

(b).

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