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(영문) 수원지방법원 2017.05.17 2016나78080
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On July 8, 2014, the Plaintiff entered into a contract (hereinafter “instant contract”). On July 8, 2014, the Plaintiff: (a) divided into Zone C (C) and Zone C (hereinafter “C”); (b) and Zone D (the representative director of the C; (c) into a contract for the construction of G-dong and multi-family housing (hereinafter “instant construction”) with a total of KRW 4,500,000 (value-added Tax Separate) and a contract for the construction of the said land, and divided into Zone F (hereinafter “instant construction”) through Zone 1 through Zone 8; (d) the Defendant delegated the construction permit for all the construction works on the said land and the construction project’s execution of loan and all other rights, including the execution of loan and other rights to the said construction works, by the date of commencement and completion (approval for use).

3) On the same day, the Plaintiff entered into an individual contract with the owners of the said Zones 1 through 8, and the Defendant (E, a designated agent of C, affixed the Defendant’s seal.

(4) On July 15, 2014, the Plaintiff entered into a contract for the construction of Gdong neighborhood living facilities and multi-family house (hereinafter “instant Zone 8”) with a contract amount of KRW 636,40,000 (excluding value-added tax and civil engineering separately) as the contract amount of KRW 636,40,000 (hereinafter “instant Zone 8”). On July 15, 2014, the Plaintiff entered into an additional agreement with C and the instant contract for the construction of the instant Zone 8 (hereinafter “instant special agreement”).

With respect to the instant contract, a contractor, a project owner (hereinafter above referred to as "A") and a contractor (hereinafter referred to as "B") shall additionally enter into a special agreement as follows:

2. As to the instant construction works, the causes attributable to “A” and “B” or “B” for nonperformance of the contract (including delay of performance).

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