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(영문) 서울고등법원 2016.05.12 2015나30543
공사대금 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 23, 2011, the Plaintiff and the Defendant concluded a contract on the following terms (hereinafter “instant contract”) with respect to the construction work (hereinafter “instant construction”) that newly constructs the 7th floor building (hereinafter “instant building”) on the ground of 148.7 square meters (hereinafter “instant land”) owned by the Defendant, Dobong-gu Seoul Metropolitan Government (hereinafter “instant land”).

The construction period: The construction cost commenced within one month from the scheduled date of commencement and the scheduled date of completion of the construction project: 580 million won (including the cost of KRW 33 million for the elevator 8 person, KRW 16 million for the 16 million): The condition that the plaintiff will pay the intermediate payment and the remainder to the second floor (200 million), the third floor (20 million), the fourth floor (250 million), and the fifth floor (250 million won) of the building of this case after the completion of the construction, and pay the remainder of the construction cost of KRW 588 million and the defendant's bank loans of KRW 317 million.

1. The Defendant, under the Plaintiff’s guarantee, extended a loan of KRW 375 million at a bank (hereinafter “Defendant’s community credit cooperative loan amounting to KRW 130 million, KRW 240 million, KRW 200 million, KRW 5 million, and KRW 5 million). 2. The Plaintiff shall pay the interest from the date of the loan to the date of full payment after the completion of the loan, and the Defendant shall settle accounts after completion and pay to the Plaintiff.

3. The term “studio 16 million won” as stated in paragraph 4 of the construction work agreement.

The 16 million won included in the 10,000 won is a condition that the plaintiff assumes 8 households of the 2-3th of the studio.

On May 23, 2011, the Defendant: (a) set up a right to collateral security on the instant land; (b) granted a loan of KRW 375 million to the 300,000,000,000 to the National Federation of Community Credit Cooperatives, the debtor; and the maximum debt amount; and (c) granted a loan of KRW 487,50,000 to the instant land (the collateral security was also revoked).

2. The Plaintiff paid the down payment of KRW 5 million to the Plaintiff.

The remainder of loans shall be.

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