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(영문) 수원지방법원 2019.01.08 2018가단503305
근저당권말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The amount of the construction contract under Article 6 hereof;

1. In order to receive at least 85% of the scheduled cost of design in accordance with civil engineering design documents and estimated design prices provided by “A” in July 2014, “A” is liable, and the contract amount should be preserved under the responsibility of “B” and “A” in the subcontract for construction works between “B” and “B”.

2. A change in the amount of construction works may be changed when the design documents and the natural disaster occurs;

Article VIIPayment of Loans

1. “B” lends 300 million won (300,000,000) which is part of the expenses incurred in the execution of the construction of the instant case at the request of “A”, and the loan execution date shall be 100,000,000 won (10,000,000) on the date of execution of the instant contract. Within five days from the date of execution of the instant contract, the daily amount of KRW 20,000 (20,000) shall be paid to “A”

2. The time limit for the return of loans shall be ninety days from the date of conclusion of the party agreement.

Article 8 Return of Loans

1. If a contract for civil works between “B” and a general constructor fails to enter into by the expiration date of the repayment of a loan, “A” shall return the full amount of the loan immediately before the expiration date of the loan.

2. In the event that “A” does not comply with any of its reasons, “B” may be provisionally executed pursuant to this Agreement without a peremptory notice.

⇒ 삼억원으로 수정함. 제9조 손해배상

1. “A” shall pay KRW 100,000 per annum (100,000) as compensation for damages, in the event that the selection of a comprehensive construction contractor was known within 90 days from the date of the conclusion of this contract between “B” and a comprehensive construction contractor and it is inevitable to conclude a subcontract.

2. If “A” did not enter into a subcontract in line with the terms and conditions of this Agreement with a comprehensive construction company within ninety (90) days from the date of the conclusion of this Agreement even though it was selected as a comprehensive construction company, it shall be paid to “B” a separate penalty for breach of contract amounting to one hundred and fifty (150,000,000).

3. “B” was unable to satisfy the loan execution plan under Article 7.

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