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(영문) 서울고등법원 2020.02.06 2018나2060602
양수금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. Basic facts

A. (1) On October 29, 2015, the Defendant entered into a contract with E Co., Ltd. (hereinafter “E”) under which the Defendant contracted the construction of a multi-household urban residential housing unit (hereinafter “instant building”) with the Seoul Dongdaemun-gu Seoul Metropolitan Government Dongdaemun-gu Seoul Metropolitan Government (hereinafter “E”) with a comprehensive construction license to build a new housing unit (hereinafter “instant construction”) with a multi-household residential housing unit (hereinafter “instant building”).

(hereinafter referred to as the “instant contract”). While the Defendant alleged in the first instance trial that “the Defendant entered into a contract with E through F, an agent,” the Defendant asserted that “the Defendant entered into a contract under the name of F and E,” and that it still maintained such assertion in the trial, the actual party to the instant contract and F and the Defendant did not actually conflict between the parties.

A standard contract for private construction works: Defendant contractor: The name of the F Corporation: The date of commencement of the new construction of a multi-household residential housing: October 30, 2015: The date of completion: February 30, 2016: 1/1000

1. Method of paying construction expenses: The total construction expenses shall be determined as KRW 900,000,000, and the construction expenses shall be loaned KRW 150,000,000 by E regardless of the defendant when the present project site is loaned as security after the completion of the structural construction, and the remainder of the construction expenses shall be appropriated as construction expenses, and shall be paid by borrowing from the financial company within one month after the completion of the responsibility of E

Of the payment methods under the above Article 1, 50,000,000 won when completion of the 4th floor construction, 100,000,000 won when completion of the 50,000,000 won when completion of the 60% of the floor and interior construction, the remainder shall be paid within one month after issuance of the completion certificate of the construction.

b.2. E will submit a tax invoice at the time of a request for payment;

9. If E does not immediately commence the construction, or suspends or delays the construction for at least five days without the defendant's approval after the commencement of the construction, even though it will undertake the construction immediately with the defendant, the defendant will do so without agreement with E.

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