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(영문) 광주지방법원 2017.06.23 2015가단526146
공사대금
Text

1. Defendant C’s KRW 100,835,680 as well as the Plaintiff’s annual rate from October 23, 2015 to June 23, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person who conducts the business of construction of reinforced earth retaining walls, and Defendant B is the owner of 602 square meters of Do forest (hereinafter “instant forest”) in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and Defendant C is a person who conducts the business of development of electric source housing, etc.

B. On August 22, 2014, Defendant C concluded an electric source housing development project agreement (hereinafter “instant development project agreement”) with Defendant B by jointly promoting the electric source housing development project on the land owned by Defendant B, including the instant forest and field.

(B) B. (No. 1) Defendant B and Defendant C, who is the developer, of the land owner of the Electric Source Housing Development Project Agreement, enter into a joint project agreement with respect to the new construction project of the Electric Source Housing Corporation outside E in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and

Article 1(Purpose)The purpose of this Agreement is to provide for the basic matters concerning the rights and obligations between Defendant B and Defendant C in the joint implementation of the new construction of electric source houses scheduled to be newly constructed on the land outside E and seven parcels at Chungcheongnam-si, Chungcheongnam-si.

1. In order to ensure the successful progress of the project, Defendant B and Defendant C shall provide the land and bear the funds necessary for the development project.

2. Defendant C shall determine the land value provided by Defendant B as KRW 300,000 per 3.3 square meters.

Article 3 Section B and Defendant C shall jointly manage funds invested in the project, and the classification of the projects between Defendant B and Defendant C shall comply with the following matters:

1. Defendant B is the key to perform all the duties of the land purchase and sale contract for the project site;

2. The defendant C shall promote all the affairs of the application for approval of the project with respect to the application for approval of the project, and the land price shall be paid at the time of completion.

Article 4. The business owner, Defendant B and Defendant C shall promote the joint project under the name of the business owner, and Defendant B shall administer all the affairs such as authorization and permission related to the project.

Article 5

1. Defendant C shall jointly promote this project.

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