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(영문) 의정부지방법원고양지원 2019.10.11 2015가합72262
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Status and legal relations of the parties

A. The Plaintiff is a company that runs the business of creating, manufacturing, selling, and construction, and the Defendant is an urban environment rearrangement project association that is established by setting the single unit of land in Gyeyang-gu Seoul Metropolitan City as a project implementation district.

B. On December 15, 2010, the Defendant concluded with D Co., Ltd. (hereinafter “Nonindicted Company”) a contract for construction works regarding the urban environment rearrangement project conducted within the said project district, as follows:

(1) The contract amount of construction work is the construction cost to be paid by the defendant to the non-party company (including value-added tax) and the non-party company and the defendant agreed to settle that the non-party company acquired the 252 households of general apartment units among the buildings that will be newly constructed in the future by acquiring the rights and authority of the non-party company as to the above "cash" and the "shares". The non-party company and the defendant agreed to pay a certain portion of the defendant's debt, such as the construction cost and the project cost, for the non-party company.

shall be settled in an amount calculated by subtracting the operating expenses of the association, the rent and management expenses of the office of the association, the design expenses supervision expenses and the approved service expenses of the implementation plan, etc. that the non-party company lends to the defendant without interest for the implementation of the project.

(2) Construction period: Within June 30, 2013 from the date of reporting on the commencement of construction under Article 16 of the Building Act after removing obstacles and completing disposal of residues within the project site, and the date of completion of construction shall be the date of issuance of the first certificate of completion of construction inspection.

(including approval for provisional use): Provided, That when the use inspection is delayed due to the reasons attributable to the defendant and the civil petition which is not attributable to the execution of the non-party company, the date of completion of construction shall be

C. On January 20, 201, the non-party company began with the construction on January 20, 201 and 20th above ground level E on February 28, 2014.

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