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(영문) 대전지방법원 홍성지원 2018.06.28 2017가합589
약정금
Text

1. The Defendants jointly share the Plaintiff KRW 414,00,000 and 5% per annum from March 1, 2017 to May 29, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person who designs and constructs civil works with the trade name of D. 2) The Defendants are co-owners of Jin-si Eri (hereinafter “Eri”) of F forest land 1,983 square meters (hereinafter “G land”) (hereinafter “G land”) and H forest land 1,983 square meters (hereinafter “I forest land before subdivision”) and J forest land 2,237 square meters (hereinafter “J land”) and J forest land 1,189 square meters (hereinafter “J land”) and co-owners of J forest land and J forest 1,189 square meters (hereinafter “J land”).

(hereinafter referred to as “each of the instant parcels of land”) B.

(1) On September 17, 2014, the Plaintiff’s construction contract for each of the instant lands is between K and K, on behalf of the Defendants, and all of the services, including civil engineering works and permission for mountainous district conversion, and permission for development (hereinafter “instant construction”).

2) The construction contract of this case was concluded upon the supply of and demand for the following content (hereinafter “instant construction contract”).

2) As to the Plaintiff’s agent for the Corporation and the service contract document (Defendants), K is called “A” and D’s representative (Plaintiffs) “B”, the Plaintiff entered into a design and service contract between “A” and “B” as follows:

1. The construction cost to be paid by “A” to “B” under this Agreement shall be KRW 528,000,000 per day (the construction cost on a description that is not value added tax).

VI.(Prohibitions and Special Agreements)

1. “A” means that “B” shall pay the construction cost under Article 5(1) in installments as follows:

In principle, construction expenses shall be paid from the commencement of construction to the completion of construction, immediately after the completion of construction, 70% of the substitute, and 30% in cash.

Provided, That the date of the due date of construction work shall be determined by applying the provisions specified in paragraphs (1), (2), and (3) below as of the date of commencement, and the "A" shall be "B" in accordance with Article 3 (Principle of Good Faith).

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