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(영문) 의정부지방법원고양지원 2019.03.20 2018가단79533
약정금등
Text

1. The Defendant shall pay to the Plaintiff KRW 160 million and the interest rate of KRW 15 million per annum from May 26, 2018 to the day of full payment.

Reasons

1. Basic facts

A. The C-building housing association (hereinafter “C-building housing association”) is a corporation registered on July 30, 2003 in order to remove existing houses located on the land of Gyeyang-gu, Incheon, Gyeyang-gu, and E and to newly construct apartment and commercial buildings of 2 underground floors and 15 floors above the ground (hereinafter “instant building”).

B. On March 21, 2006, the non-party union entered into an implementation execution contract for the said reconstruction project with F Co., Ltd. (hereinafter “F”) (hereinafter “instant implementation execution contract”), and the content thereof is as follows.

[Article 1] (Qualification and Title)

3. The non-party association shall provide the project site for the project, and the non-party association shall take charge of lending such as moving expenses, and the execution and construction of the construction facilities by inserting all necessary expenses for the implementation of the project.

4.F shall revert to all the buildings except the shares of partnership after the execution thereof.

Article 2 (Scope of Contract Amount for Construction Work) The contract amount for construction work of the non-party association shall be the sum of the additional charges for each member and the general sale price for apartments under Article 29.

[Article 2] Obligation of the Foreign Partnership

5. The non-party partnership shall pay to the contractor the 70 per cent of the 100 per cent of the 100 per cent of the 100 per cent of the vegetable ingredients put in and executed by F at the time when the sale in lots was made by the F. The seal of the partnership shall be affixed to the sales contract.

(except for the shares of partnership). (c)

On April 13, 2007, the non-party association held a board of directors and passed a resolution to the effect that “F shall pay the entire shares in the second floor construction project and the twenty households of the 32-year apartment complex divided into the ownership of shares between the association members and the construction project, as the second completion payment, and delegate all the rights to the sale in lots.”

Around May 2006, the Defendant received a subcontract from F to F for the construction of the instant building in the amount of KRW 1.036 billion (hereinafter referred to as the “instant subcontracted project”) from F, and thereafter performed the said construction work from around 10 years.

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