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(영문) 의정부지방법원 2016.08.25 2016나2292
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On June 30, 2012, the Defendant and the Defendant’s ASEAN drafted a written agreement on development projects of collective housing in Gwangju-si and F Real Estate (hereinafter “instant collective housing”) with D, and the details thereof are as follows.

1) D shall construct a new apartment house on the land owned by the Defendant and C for sale, and pay the land price to the Defendant and C for its profit. 2) D shall pay 1,100,000,000 won to the Defendant and C for the preferential payment, but 700,000,000 won for the preferential payment shall be paid with a loan granted as security within 15 days after completion, and 280,000,000 won for the installment payment shall be paid for each house and 40,000 won for each household, and 120,000,000 won for the remainder shall be paid for the last house.

3) The business income tax generated in the name of the Defendant and C due to the above business shall be paid in full D. 4) The Defendant and C must provide the name prior to the receipt of the balance for the completion of the business of D.

B. On November 8, 2013, the Plaintiff entered into a contract with D on the same day (hereinafter referred to as “instant contract”) on the construction cost of KRW 420,000,000 among the new construction works of G (the instant multi-family housing) (i.e., construction cost of KRW 40,000,000 x 100,000 for eight generation profits x 100,000 for eight generation profits) and the construction period of construction between November 7, 2013 and December 15, 2013 (hereinafter referred to as “instant contract”).

D In addition, the signature and seal of the Defendant stated that the “(the certificate of seal imprint A of the principal contractor)” is “(the certificate of seal imprint B of the principal contractor)” and affixed the seal of the Defendant, and the Defendant did not attach the seal certificate.

C. On March 24, 2014, the Plaintiff and D shall pay KRW 100,000,000 for the settlement amount of the instant contract on the construction statement prepared by the Plaintiff on March 24, 201, and KRW 60,000 for the same year.

3. up to 30.30., 40,000,000 won were paid, and each of them was signed to the effect that the loan is made between one month.

D on March 31, 2014, “D.” G until April 3, 2014, to the Plaintiff.

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