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(영문) 서울고등법원 2014.12.12 2014나28499
공사대금
Text

1. The judgment of the first instance court shall be modified at the request of the plaintiff changed at the trial as follows:

The defendant.

Reasons

Basic Facts

The C Co., Ltd. (hereinafter referred to as the “C”) decided to newly construct multi-family housing on the ground of Dongducheon-si (hereinafter referred to as the “instant project”) and on March 14, 2007, concluded a contract for the purchase of apartment site in Dongducheon-si D in the name of the Plaintiff for the instant project (hereinafter referred to as the “first service contract”) with the presence of the Plaintiff and the Plaintiff on March 14, 2007, and made payment of the service cost under the above service contract in the bank account (Account Number F) in the name of the Plaintiff.

C agreed to terminate the first service contract on September 11, 2007 with the Plaintiff and E, and concluded on February 15, 2008 a contract with the Defendant for the purchase of the apartment site of the Dolcheon-si D (hereinafter “second service contract”) with the Defendant in the presence of E on February 15, 2008, the service price under the above service contract was to be paid in the post office account (Account Number G) in the name of the Defendant.

On March 14, 2008, H, a director of C, issued to the Defendant a promissory note with face value 400 million won in face value as the above service price, and as of June 20, 2008. On February 23, 2009, the Defendant drafted a written statement of performance (hereinafter “instant performance statement”) stating that “The Defendant, with respect to the instant business, prepared to the Plaintiff a promissory note with respect to the Plaintiff, stating that “The Defendant shall collect and provide the Plaintiff and the executor, the same site, and receive as the price for the service, KRW 400 million in total, the Plaintiff shall have 50 million equity interest, but shall be valid at the time of receipt of KRW 400 million.”

The defendant filed a lawsuit against Eul for the payment of KRW 385 million based on the above Promissory Notes as the Jung-gu District Court 2009Kadan54027, and the above court paid KRW 380 million to the defendant on March 17, 2010, and the amount of KRW 150 million among them shall be paid to the defendant on August 31, 2010, and the remainder of KRW 230 million shall be paid within 30 days after the approval of the project plan for the apartment construction project (the new project of constructing apartment units on the 380,044 square meters of land D in Dongcheon-si) where C is proceeding.

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