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(영문) 인천지방법원 2015.04.07 2014가합12146
청구이의
Text

1. The Defendant’s notary public against Plaintiff B, No. 424, July 31, 2014, drafted on July 31, 2014.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a juristic person engaged in construction project management business, construction business, etc., and the Plaintiff B is the representative director of the Plaintiff Company, and the Defendant is a juristic person engaged in civil engineering work, construction business, etc.

B. On October 5, 2007, the Plaintiff Company constituted the “DD Council for the Establishment and Promotion of Factories in the District” consisting of 24 companies, including the Plaintiff Company, in order to build factories to be used by the Plaintiff Company, etc. in the Pyeongtaek-si D District, and entered into a joint project implementation agreement with the said companies.

C. On November 21, 201, the Promotion Council concluded a contract with the Defendant for the instant construction project as the contract amount of KRW 5,513,200,000, advance payment of KRW 300,000,000, and the commencement date of the construction project, December 23, 2011, and October 31, 2012. The remainder of the construction cost is to be paid simultaneously with the delivery of a factory after passing the completion inspection of the instant construction project.

The instant construction contract, on July 31, 2013, reduced the construction cost to KRW 6,561,00,000, and changed the construction period to December 31, 2013. The construction period was also extended to December 31, 2013. The instant construction contract, including each additional construction contract, was also made, and the final content of the instant construction contract, including each additional construction contract, was “7,589,067,000 of the total construction cost, and December 31, 2013 of the construction period,” and the Defendant completed the construction project as final content of the said construction contract.

E. In order to secure the payment of the instant construction cost, the Defendant completed the registration of the establishment of each of the maximum debt amounts of KRW 600,000,000, regarding the real estate owned by the e-owned E-owned and E-owned real estate, which is a member of the Promotion Council.

(B) Each of the above collateral security rights (hereinafter referred to as the “each of the instant collateral security rights”). The Promotion Council shall, after completion of the construction work, aim at paying the construction cost of the instant case to the Defendant on July 25, 2014, which was the preparation stage for completion inspection.

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