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(영문) 대구지방법원 2021.03.18 2020가단459
근저당권말소등기
Text

1. On June 201, 201, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Daegu District Court rendered a mechanical support, etc.

Reasons

1. Facts of recognition;

A. On November 201, 2013, C Co., Ltd. (hereinafter “C”) subcontracted E Formation Project ordered to D Co., Ltd. (hereinafter “D”) (hereinafter “instant construction”) to the Corporation (hereinafter “D”). Around June 2014, when the said construction was in progress, D ceased construction.

B. Accordingly, on June 11, 2014, C subcontracted the instant construction to F Co., Ltd. (hereinafter “F”) (hereinafter “instant subcontract”). As to the instant subcontract, F (the Plaintiff at the time of the instant subcontract) and C, the Defendant, who is an employee of F (the Plaintiff) and C, drafted an execution agreement (hereinafter “instant execution agreement”) with the following content.

2. The construction ratio (amount) and the management ratio (amount) 1. The construction ratio (amount) ratio (amount) refers to the management ratio (amount) that the Plaintiff is entitled to enforce from B for the above construction work. 2. The management ratio (amount) refers to the management ratio (amount) that the Plaintiff provides to B at the fixed rate (amount) out of the above contract amount of the construction work. The management ratio shall be 100% - Si public interest rate (72%) = (28%) = (the management ratio shall be 28%). However, the calculation method is the same as the calculation method of the construction ratio. 3) The calculation method is the same as that of the advance payment method received from B from the principal contractor (amount deposited into B's account) at the order of the principal contractor (amount deposited into B's account) and B shall be deducted from the payment rate of the construction work amount (amount of the advance payment for the construction work and the amount of the advance payment for the construction work fixed by the Plaintiff) at the above disposal ratio (excluding the fees for the advance payment).

4) The purchase value added tax arising in connection with the above project shall be calculated and paid in lump sum by the Plaintiff, such as the gold, at the time of the payment of the gold.

9. Agreement between B and the Plaintiff.

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