(영문) 수원지방법원성남지원 2015.11.11 2014가합203072

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(영문) 수원지방법원성남지원 2015.11.11 2014가합203072

대여금

Text

1. The defendant shall be the plaintiff.

A. Of KRW 568,648,804 and the above money, the term “official seal” in attached Form 2.

Reasons

1. Basic facts

A. Around 2010, the Plaintiff entered into a contract with the Defendant to newly construct three tenement houses (total 36 households; hereinafter “instant housing”) on the land outside C and five lots (hereinafter “instant project site”) owned by the Defendant (hereinafter “instant contract”) and to obtain approval for use, between the Plaintiff and the Defendant, and written a written contract for construction works as of May 12, 2010 with the following content:

(No. 65 on January 1, 2010, a notary public shall construct E-Housing Construction Project (hereinafter referred to as the “instant Construction Project”).

3. Contract period: From May 12, 2010 to June 30, 2011: October 2010;

5. Scheduled date of completion: June 201.

6. Contract amount: Area entered in the special agreement; and

7. A completed amount: A substitute described in a special agreement.

9. Rate of liquidated damages: Terms and conditions agreed upon in a special agreement of 1/10,000 (one day).

1.The terms of this Special Agreement shall prevail over the contract agreement for construction works.

2. The term of the present construction works shall be 13 months until the completion date including the preparation of design documents and the date of commencement.

(except for natural disasters and wintering periods)

3. The Defendant shall immediately provide all necessary documents related to the construction project to the Plaintiff from the permission to the completion date.

4. Method of Payment for the Construction Work - The Construction Work shall be payable to each of the same households in exchange for equity shares.

(If the sum of the household area of the plaintiff's share is different from the construction cost, the settlement shall be made). 5. Sales problem - The defendant and the plaintiff shall be the processing key through consultation, and the Si construction share household may be sold at will by the plaintiff.

6. Preservation Registration - The shares of the defendant shall be borne by the defendant, and the shares of the plaintiff shall be borne by the plaintiff.

7. The interest on the secured loan of 1.8 billion won in the moving expenses of the Defendant shall be paid preferentially until the completion of the construction by the Plaintiff, and the Defendant and the Plaintiff shall each be borne by 50% after the completion of the construction.

8. The industrial accident and the continuing works are all performed by the Corporation.

유사 판례

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