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(영문) 서울동부지방법원 2016.10.27 2014가합109448
양수금
Text

1. The Defendant’s KRW 501,60,000 as well as its annual 6% from June 13, 2013 to October 30, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. Relevant C Co., Ltd. (hereinafter “C”) is the executor of the new E Apartment (hereinafter “new construction of the instant apartment”) located in Daegu Northern-gu D (hereinafter “instant apartment”) and the Plaintiff is the contractor of the new construction of the instant apartment (hereinafter “new construction of the instant apartment”). The Defendant (U.S.) is the company that received the extension of the F Elementary School from C.

B. 1) On November 22, 2007, C entered into an agreement on donation related to school facilities development projects with the Daegu Seo-gu Office of Education (hereinafter “the instant agreement”), and its main contents are as follows: (a) C obtained approval of the instant new construction project from Daegu Metropolitan City; and (b) at the time, the Daegu Metropolitan City imposed additional clauses on the extension of the FH on the instant apartment, subject to the approval of the project plan; and (c) C entered into an agreement on donation related to school facilities development projects with the Daegu Seo-gu Office of Education on November 22, 2007 (hereinafter “the instant agreement on donation”); (d) the main contents as indicated below.

The Office of Education of the Daegu Western District Office of Education (hereinafter referred to as the "A") and C (hereinafter referred to as the "B") shall enter into an agreement as follows, with the intention of "B" to contribute them to the adequate accommodation of inflow students following the development project of multi-family housing of the D D members of the Daegu Metropolitan City, Daegu Metropolitan City, according to their voluntary will:

Article 1 (Contribution Acceptance Facilities) (1) "B" shall be directly installed in the F Elementary School nine classrooms and ancillary facilities, and shall be donated to "A" without any condition.

(3) The scope and scale of facilities to be donated shall be as specified in attached Table 1 (Detailed Statement of Expansion of Construction Costs) and attached Table 2 (Abetting Level), and the estimated amount to be incurred shall be KRW 1,595,000,000 (Won 1,595,00,000).

Article 5 (Time of Donation) (2) "B" shall complete the relevant facilities by August 31, 2009 and deliver them to "A".

3..

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