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(영문) 창원지방법원 2020.12.10 2018가합268
공사대금
Text

1. The Defendant’s KRW 288,490,975 for the Plaintiff and 6% per annum from February 24, 2018 to December 10, 2020 for the Plaintiff.

Reasons

Basic Facts

On June 29, 2016, E on behalf of the Plaintiff (D Co., Ltd. prior to the change: D Co., Ltd.) drafted a written agreement on the following matters with respect to the land for which the registration of ownership transfer was completed under the name of the Defendant (hereinafter referred to as “instant land”) and the name of the race-si H (hereinafter referred to as “instant land”) and the name of F:

(hereinafter) The foregoing agreement is referred to as “the instant agreement dated June 29, 2016,” and the agreement concluded under the said agreement is referred to as “the agreement on June 29, 2016.” The name of the Corporation: The construction site for the new construction of multi-household housing in J-dong, Chungcheongnam-si: Gyeongnam-si, Chungcheongnam-si and H.

2. The contract for a construction project is agreed to be concluded at KRW 3,800,000 per square year between G (A) (B) and E (B) (B) (hereinafter “B”) the delegate of the prop delegate of the contract for a construction project and E (B) (hereinafter “B”).

3. Payment of the cost of construction: To execute construction by generating a loan from a bank (PF) and to execute the shortage;

In such cases, the bank's interest accrued during the construction period shall be paid during the construction period of Section B, and after the completion, Section A shall be liable and settled for the interest accrued in this case.

5. The construction work shall proceed in accordance with the design drawings and the construction period shall be eight months after the commencement thereof;

Provided, That the extension of the construction period due to a natural disaster shall be excluded.

6. The horizontal number shall be the horizontal number on the drawing, and the horizontal number on the parking lot for the first floor shall be determined by 50% of the average contract amount per square meter; and

7. A bank loan requires at least KRW 100,000,000 for the loan, and to this end, the Defendant shall obtain a credit loan from the second financial right and pay to the Corporation the land owned by GC as security.

The Bank shall arrange for a “B”.

Interest on loans of KRW 100,000,000 shall be settled at 2% per annum after completion.

Since then, the defendant filed an application for permission to construct multi-household housing or Mdong (the total floor area of 656.450m2) on the land of this case with the Mayor of the racing.

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