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(영문) 창원지방법원 2014.09.17 2013가합7790
전부금
Text

1. The Defendant’s KRW 100,000,000 as well as annual 5% from January 3, 2014 to September 17, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The conclusion and execution of a new apartment construction contract 1) The defendant assistant intervenor B (the trade name before the alteration: D and the defendant assistant intervenor company hereinafter referred to as the "the defendant assistant intervenor company").

A) On November 30, 2006, the F New Apartment Construction Contract (hereinafter “instant contract”) with the Defendant and Changwon-si, the Changwon-si, for the construction cost of KRW 5.26 billion (including value added tax) on the nine and nine parcels of land (hereinafter “instant contract”).

A) Around September 207, 2007, the Defendant’s Intervenor Company and the Defendant had concluded a lawsuit against the Defendant seeking payment of construction cost, etc. on September 20, 2007, on the same day at the Defendant’s request that “on the face of the change of construction cost under the name of the Defendant, the Defendant would settle and order construction cost executed by the Defendant’s Intervenor Company.” 2) After the Defendant’s lawsuit against the Defendant seeking payment of construction cost, etc. under the Changwon District Court 2008Gahap2791 (Intervention: 209Gahap5988), and on October 22, 2009, between the Defendant’s Intervenor and the Defendant’s Intervenor Company, “the Defendant shall determine and adjust construction cost to the Defendant’s Intervenor’s Intervenor’s direct construction cost amounting to KRW 5.26 billion after September 20, 2007.”

B. On the basis of the authentic copy of an executory loan contract under an executory loan agreement prepared by the Changwon District Court No. 3944, 2007, the Plaintiff shall claim the amount of KRW 119,098,360 (the amount of KRW 100,000,000 per annum 30% from September 16, 2007 to May 6, 2008) of the principal and interest on the loan to the Plaintiff’s supplementary intervenor company based on the original copy of an executory loan agreement under an executory loan agreement signed by the Changwon Law Firm No. 3944, and against KRW 10,000,000 between the Defendant’s supplementary intervenor and the Defendant.

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