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(영문) 의정부지방법원 2016.04.21 2013가합11604
청약금반환
Text

1. The Defendant’s KRW 1,200,000,000 as well as 20% per annum from October 5, 2013 to September 30, 2015 to the Plaintiff.

Reasons

1. Presumed factual basis

A. 1) The Plaintiff is a stock company established for the purpose of civil engineering and construction work. The Defendant is a stock company established for leisure development projects, etc., and the Plaintiff is a stock company that operates the consortium golf club. 2) On September 4, 2008, the Plaintiff was awarded a contract on September 4, 2008 with the construction cost of KRW 35,750,000 (including value-added tax) for the instant development project from the Defendant with respect to the Macheon National Leisure Complex (hereinafter “instant development project”). The date of commencement on September 4, 2008; the date of completion on December 31, 2009.

3) On October 14, 2010, the Plaintiff reduced the construction cost under the said contract from KRW 35,750,000,000 to KRW 35,704,440,200, and entered into a modified contract with the Defendant on December 31, 2009, extending the completion date from December 31, 200 to September 30, 2010.

5) On October 21, 2010, the Plaintiff issued to the Defendant a written contract for the repair of defects, which is from September 30, 2010 to September 29, 2012, the Plaintiff issued to the Defendant the construction mutual aid association of the issuer, the contract amount of KRW 35,704,440,200,200, the guaranteed amount of KRW 1,785,222,010, and the guarantee period of KRW 1,200,000 from September 30, 2010. (b) On July 9, 2010, the Plaintiff drafted and issued to the Defendant a written contract to substitute the Defendant with the subscription amount of KRW 1,20,000,000 from the above contract amount of subrogated and the above preferential share of KRW 3 years thereafter.

The plaintiff confirms that KRW 1,200,000,000, out of the civil engineering works (including contract amount of KRW 35,750,000,000, value added tax) of the Macheon International Leisure Complex Development Project contracted by the defendant on September 4, 2008, which was contracted by the defendant on September 4, 200, shall be replaced with the preferential subscription amount issued by the defendant, and for any reason, it shall not be subject to any administrative and civil liability.

2. On March 16, 201, the Defendant issued and delivered three copies of the share certificates with 100 share certificates with the priority of KRW 5,000 per share (10 per share) to the Plaintiff.

C. The defendant.

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