(영문) 서울서부지방법원 2018.04.20 2017가단230126

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.04.20 2017가단230126

공사대금

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. The Plaintiff is a company established for the purpose of housing construction and partnership housing project implementation agent, and the Defendant is the Housing Redevelopment Project Association whose business area covers Seodaemun-gu Seoul Metropolitan Government.

B. Around August 2012, the Plaintiff entered into a contract with the Defendant for the allotment of goods on behalf of the Defendant for the allotment of goods (hereinafter “instant parcelling-out agency contract”) consisting of 43 units (10 units, 2 block 10 units, 6 units, 3 block 6 units, 4 block 21 units), and the main contents are as follows.

Article 3 (Amount of Sales by Proxy) (1) The amount of sales by proxy for a year-type commercial building shall be KRW 24,788,00,000, including value-added tax.

(3) The plaintiff shall pay the price in the payment method under Article 4, and where any unsold portion occurs on the balance payment date, the plaintiff shall pay in full the sales price under Article 3 (1).

Provided, That the unpaid amount shall be repaid in full as commercial loan.

Article 4 (Methods of Payment of Purchase Price) (1) The rate of the payment date of the divided down payment (%) the 10 days after the conclusion of the second intermediate payment at the time of concluding the down payment (10 days after the conclusion of the second intermediate payment) and 20 days after the conclusion of the contract within the 20 days after the conclusion of the second intermediate payment (20 days after the conclusion of the contract) shall be the amount calculated by subtracting the amount of the management and disposal plan prescribed in Article 3 from the actual sale price.

Article 10 (Liability for Shares Unsold in Lots) (1) Where there exists a year and shape in which the plaintiff has failed to sell in lots by the deadline for the designation of balance, all responsibilities for the unsold portion shall be borne by the plaintiff, and the defendant shall not be liable therefor.

(2) The plaintiff may not withhold or refuse the payment of the price as prescribed in Article 3 (1) to the defendant by reason of a remaining portion of unsold shares in a year and shape.

Article 17 (Imposition of Overdue Charges) The Plaintiff shall delay the payment of any balance under Article 4.

유사 판례

-광주지방법원 2018.11.29 2017가단13088

-서울북부지방법원 2016.07.14 2014가합486

-서울서부지방법원 2016.10.18 2015가단220699

-서울서부지방법원 2018.04.04 2017가합38327

-서울중앙지방법원 2015.01.28 2014가합563612