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(영문) 수원지방법원안산지원 2016.12.20 2016가단59563
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 8, 2014, the Plaintiff entered into a contract with C (hereinafter referred to as “C”) with D and E, the representative director of C, for the construction of Gdong neighborhood living facilities and multi-family houses (hereinafter referred to as “instant construction”) on several lots of land, other than the wife population F, which are permissible from E, with the total contract amount of KRW 4,500,000 (excluding value-added tax) divided into Zone 1 through Zone 8, and entered into a contract for the said construction (hereinafter referred to as “instant contract”).

On the same day, the Plaintiff entered into an individual contract with the owners of Zone Nos. 1 through 8 separately from the instant contract, and entered into a contract with the Defendant for the construction of neighborhood living facilities and multi-family houses (hereinafter “instant Zone No. 3”) with respect to Zone No. 3 as follows: the contract amount of KRW 589,100,000 (value-added and civil engineering drawings) (hereinafter “instant Zone No. 3 contract”).

- - The following:

3. Building area: A building area of a total floor area of 412.38 square meters and a site area of 456 square meters: One story below ground, four stories above ground, 15 households in multi-family houses, and second class neighborhoods (offices);

4. Date scheduled for commencement: October 30, 2014 (based on the date of submission of a single start system).

5. Date scheduled for completion: May 30, 2015 (within seven months from the date on which the starting map is submitted).

6. Contract amount: 589,100,000 won (in addition to value-added tax and civil engineering drawings), 3.3 square meters per 4.3 square meters, converted into 4.3 million won;

7. Advance payments: 58,910,000 won (10%)

B. On the same day, the Defendant delegated the C representative D and his designated representative E with all matters concerning the construction of the said land on the said land until the construction permission, commencement and completion (approval) for the said land for the said land No. 3 2, and delegated the rights to the said land, such as the progress of the construction contract and the execution of the loan for the purpose of the construction project, etc. for the construction project.

C. In relation to the instant contract with C, D, E and the Plaintiff on July 15, 2014, the Plaintiff is below the following special terms.

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