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(영문) 창원지방법원 2016.08.18 2015가합2652
공사대금
Text

1. The Defendant’s KRW 8,600,000 and annual rate of 5% from November 3, 2015 to August 18, 2016 to the Plaintiff.

Reasons

On June 21, 2013, the Plaintiff entered into a contract with the Defendant for the Telecommunications and Electricity Fire Fighting System Corporation (hereinafter “instant Corporation”) for the hotel B in Kimhae-si (hereinafter “instant Corporation”) for the construction cost of KRW 2,400,000,000, and completed the construction work within the construction period.

1. The Defendant shall pay to the Plaintiff KRW 894,418,200 among the construction cost, the amount of KRW 894,418,200, in kind, KRW 101, A101 (67.58 square meters) per floor of the DCE building located in Kimhae-si, Kimhae

2. The Defendant shall pay KRW 905,646,515, among the construction cost, to the Plaintiff KRW 905,646,515 on the first floor of the building E (68.436 square meters).

3. When the Plaintiff prepared a sales contract for the Defendant’s spot payment, the full amount of the above paragraphs 1 and 2 shall be paid in cash, and the due date shall be within 14 days from the date of approval for temporary use of commercial buildings.

On the other hand, on June 21, 2013, the Plaintiff entered into a special agreement with the Defendant on the payment of the instant construction price (hereinafter “special agreement on the payment of construction price”) (hereinafter “instant agreement”) and the contents relating to the instant case are as follows.

The defendant is exempt from building No. A101 (67.58 square meters) and No.102 (68.436 square meters).

(2) On April 10, 2014, upon obtaining approval for use on April 10, 2014, Korea Trust Co., Ltd., the registration of initial ownership was completed on April 11, 2014. Around May 2014, the Defendant concluded a lease agreement with a third party, A101 (67.58 square meters) and A102 (68 square meters). On May 24, 2014, and June 24, 2014, the Plaintiff delegated the Defendant with all of his/her authority regarding the lease agreement under the above A101 and A102 (6.436 square meters). The Defendant, upon completing the registration of initial ownership transfer with a third party (136.024 square meters) and a merger with a third party (68.436 square meters) under the name of the Plaintiff on September 19, 2014, the Defendant introduced the registration of ownership transfer to Defendant 16.21,2014.

On the other hand, on February 6, 2015, the Plaintiff was paid as a substitute by the Defendant.

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