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(영문) 의정부지방법원 2014.04.22 2013가단26531
추심금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be the part resulting from the participation.

Reasons

1. Facts of recognition;

A. A. Around March 1990, the Intervenor joining the Defendants entered into a basic arrangement with the ASEAN Construction Industry Co., Ltd. (hereinafter “Dongwon Construction Industry”) and the Gyeongwon Urban Development Co., Ltd. (hereinafter “Gyeongwon Urban Development”) with a view to promoting the new construction of the I Underground Markets:

o The East Asian Construction Industry is a contract for the new construction of underground shops from the development of Gyeongwon City, and completes and delivers the new construction work, and the development of Gyeongwon City shall pay construction expenses, etc. to the plaintiff company.

o The development of the Gyeongwon City has the right to lease and sell underground shops and the right to operate it in accordance with the policies of the Do government, and the ASEAN Construction Industry has the right to claim the construction cost according to the progress ratio of new construction of underground shops.

The revenue from sale in the o shall be jointly managed by the building industry and the development of a Dong-won city and shall be deposited in a joint name.

o In the case of a contract for the sale of a commercial building, the building industry and the development of a dong and Gyeongwon City shall be determined and used by consultation with the employee.

o This Agreement is a basic agreement for the promotion of the project, so it becomes invalid at the same time as this Agreement is concluded, and specific matters shall be supplemented at the time of this Agreement.

B. On October 27, 1990, prior to the commencement of a new construction project on the I Underground Markets, the East Asia Construction Industry and the Gyeongwon City Development concluded an arrangement with the following contents to supplement the above basic arrangement:

o Commercial building lease rights shall be jointly exercised and leased revenue shall be jointly managed and deposited in a designated bank under the joint name.

o Sales revenue shall be used as the top priority in the expenditure of construction expenses.

o The East Asian Construction Industry shall complete the new construction of underground shops, and all the expenses incurred in the project shall be jointly borne by the East Asian Construction Industry and the Gyeonggi-gu Urban Development.

o Public questions submitted at the time of the Council shall be submitted under a joint name.

o All rights to the project of the Party in the event that the development of the Gyeongwon City fails to fulfill its obligations under this Agreement shall belong to the ASEAN Construction Industry.

o The problem of defect repair after completion is.

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