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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. A. On April 2007, the Plaintiffs and New Zealand Construction Co., Ltd. (hereinafter referred to as the “New Zealand Construction,” and the Plaintiffs and the “Plaintiff, etc.,” collectively referred to as the “Plaintiff, etc.”) contracted the construction work for which the Defendant newly constructed the Hetetote Apartment apartment (hereinafter referred to as the “instant apartment”) on the 185,210,952,828 won for the construction cost (excluding value-added tax) to the Defendant on the 110 and 62 lots of land at the same time.
B. The content of the instant contract for construction works entered into pursuant thereto (hereinafter “instant contract”) is as follows:
(Provided, “A” means the Plaintiff, etc., “B”, and “B” means the Defendant; hereinafter referred to as “the part of the instant agreement” in the terms and conditions of the contract. Article 9 (Contract Amount and Method of Payment) (1) The construction cost referred to in Article 4 of this Agreement shall be paid with the proceeds from sale in the project as follows:
(30,000,000,000 or less than 30 days from the date of the payment of the first intermediate payment as of the date of the payment of the second intermediate payment contract, and within 30 days from the date of the payment of the second intermediate payment contract, 25,000,000,000 within 30 days from the date of the payment of the second intermediate payment contract, and within 30 days from the date of the payment of the third intermediate payment contract, 32,000,000,000,000 from the date of the payment of the first intermediate payment, and 38,000,000,000,000 from the date of payment of the first intermediate payment contract, and 30,000,000,000,000 or less than 30 days from the date of payment of the first intermediate payment contract, 30,000,000,000 or less than 30,2314,207
Article 10 (Payment Guarantees) (3) The term “B” means part payments made by buyers for the smooth sale of the object of the project.