logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2018.11.08 2017가합5262
공사대금 등
Text

1. The Defendant (Counterclaim PlaintiffB) shall:

A. The delivery of each of the real estate listed in the separate sheet No. 1 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

On October 29, 2014, the Plaintiff entered into a contract for the instant change and the instant change contract with Defendant B, with respect to the construction of an automobile-related facility (hereinafter “instant construction”) on the ground of the 1,392 square meters wide-area D parking lot No. 1,392 square meters (hereinafter “instant construction”) between the Plaintiff and Defendant B (hereinafter “instant contract”). As to the construction work, the Plaintiff entered into a contract for construction cost of KRW 1,705,00,000 (hereinafter “instant construction”).

The Plaintiff and Defendant B agreed to increase the construction cost of the instant construction in KRW 2,290,269,000 through a modified contract on November 21, 2014, October 14, 2015, and March 16, 2016 (hereinafter collectively referred to as the “instant modified contract”).

The Plaintiff completed the instant construction on July 1, 2016, and Defendant B completed the registration of ownership preservation on the instant facilities on July 7, 2016.

The first principle is that Gap (the defendant B; hereinafter the same shall apply) shall notify Eul and Eul (the plaintiff; hereinafter the same shall apply) (the plaintiff shall apply) shall act on behalf of the bank and shall pay 940,269,000 won of the balance of the construction work at the time of the loan to Eul (the plaintiff; hereinafter the same shall apply).

A does not raise any objection to B with respect to the repair of defects or (D) construction works and building construction works.

A shall pay B any balance of KRW 300,000,000 out of the remainder until August 17, 2016, ② KRW 300,000,000 out of the remainder until August 30, 2016, ③ the balance of KRW 340,269,000 out of the remainder until September 27, 2016, and pay it in full.

If the construction cost is not paid at the due date, 100,000,000 won shall be paid for a penalty.

Defendant B, on August 8, 2016, agreed to settle the payment of the construction cost at KRW 940,269,000 between the Plaintiff and the Plaintiff, and the Plaintiff’s undertaking as follows (hereinafter “instant undertaking”).

arrow