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(영문) 서울동부지방법원 2015.12.10 2014가단34653
용역대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 14, 2012, the Defendant entered into a construction execution contract (hereinafter referred to as the “instant execution contract”) which delegates all construction activities to C with respect to the land owned by the Defendant, ia City D and three parcels (hereinafter referred to as “instant land”), and the relevant contents among them are as follows.

1) The Defendant shall delegate to C all the construction activities regarding the instant land (all the powers such as design, supervision, construction work, sale in lots, lease contract, etc.) to C. 2) The Defendant shall be responsible for all authorization and permission and civil petitions in constructing the instant land on behalf of the Defendant.

3) The Defendant shall actively cooperate in bank loans to raise costs for building works in the above construction (Provided, That even during construction, if there is a purchaser of land, the instant land shall be sold.

(4) The above construction costs shall proceed on credit, and the minimum construction costs (loans to banks’ urban residential housing) shall cover loans from banks, and the remaining construction costs shall be covered by commercial buildings and urban residential housing sales proceeds, rental deposits, etc.

(5) C) In the course of carrying out the project as a bona fide manager, if the sale of the instant land or the sale of the instant land is completed even before the completion of the construction, C shall first pay the Plaintiff the amount of the sale of the land (80 million won) as the top priority in the event that the sale of the instant land is within the reasonable extent, as part of the sale and the sale of the instant land, and shall actively cooperate with C in order to prevent the Defendant from incurring any damage to the payment of bank loans, interest, and living expenses each month by making a loan from the bank as security for the entire building, if the sale of the instant land is within the reasonable extent.

8 The defendant shall promote the above projects.

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