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(영문) 수원지방법원 2017.05.17 2017나53705
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On July 8, 2014, the Plaintiff entered into a contract (hereinafter “instant contract”). On July 8, 2014, the Plaintiff: (a) divided into Zone C (C) and Zone C (hereinafter “C”) and Zone C (D), the representative director of the C, into a contract for the construction of G-dong and multi-family house (hereinafter “instant construction”) with a total contract amount of KRW 4,500,000 (value-added Tax separate) and divided into Zone 1 through Zone 8; (b) the Defendant delegated the construction permission for the construction of Zone C (O, P) and its designated agent (the Defendant’s agent) and all other rights related to the construction of the said land by the commencement and completion of construction permission for the said construction work; and (c) the construction contract for the construction work and the construction work for the said construction work; and (c) the execution of the loan and all other rights related to the construction work for the said construction work.

3) On the same day, while entering into an individual contract with the owners of Zone 1 through 8 above, the Plaintiff entered into a contract with the Defendant and a new house construction project for Gdong community facilities and multi-family houses (hereinafter “instant Zone 3 project”) with a contract amounting to KRW 589,100,00 (excluding value-added tax and civil engineering separate) for the contract amounting to KRW 589,10,000 (hereinafter “instant Zone 3 contract”). On July 15, 2014, the Plaintiff entered into an additional agreement with C to which the power of representation was granted for the instant Zone 3 project, and with respect to the instant contract for and the instant Zone 3 contract for construction, including the following (hereinafter “instant special agreement”).

With respect to the instant contract, a contractor, a project owner (hereinafter above referred to as "A") and a contractor (hereinafter referred to as "B") shall additionally enter into a special agreement as follows:

2. As to the instant construction works, there is a cause attributable to “A” and “A” without any cause attributable to “B” (including delay of performance) or “B”.

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