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(영문) 의정부지방법원 2017.02.09 2015가합3430
공사대금
Text

1. The Defendant’s KRW 300,000,000 as well as 25% per annum from March 11, 2014 to August 4, 2015 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On March 8, 2013, the Plaintiff entered into a construction contract with the Defendant for the construction work that newly constructs A religious assembly site on the ground B of the Republic of Korea (hereinafter “instant construction work”) with the construction work cost of KRW 800 million and KRW 1,000 and the scheduled date of completion of the construction work, respectively, with the construction work cost of KRW 1,000 and KRW 1,000,000 and the scheduled date of completion of the construction work.

On November 4, 2013, while the Plaintiff was proceeding with the instant construction, the following payment notes (hereinafter “instant payment notes”) were drawn up between the Plaintiff, the Defendant, C, and D:

1. Creditor 1: The plaintiff, the debtor 1: the defendant, the debtor 2: D having a claim or obligation related to a charnel construction between the above parties, respectively, as follows:

-The following- The debtor shall transfer to the creditor, for the consideration of the cost of construction, borrowed money and other expenses until March 10, 2014, the amount of 1 to 200 parts from 1st to 200 parts of charnels (individuals) in Nam-gu B at the time of seizure:

Article 3 The creditor promises not to sell the above charnel to a third party not more than 3,00,000 won per quarter at the time of transfer and sale.

Article 5 Debtors shall pay creditors 25% interest per annum if they are unable to transfer within the above time limit.

Article 6. Creditor and Obligor are deemed to have terminated the current contract of construction as of which this letter of payment is notarized.

Although the construction of this case is completed, the defendant can transfer a charnel to the plaintiff and C in accordance with the payment note of this case, but the construction of this case has not yet been completed, and the defendant could not transfer a charnel under the payment note of this case to the plaintiff and C.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3, the purport of the whole pleadings

B. According to the above facts of recognition 1, the Defendant is obligated to transfer 100 charnels to the Plaintiff up to March 10, 2014.

The following circumstances, which are recognized by the purport of the entire facts and arguments, have occurred more than three years from the time when a charnel house is transferred.

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