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(영문) 인천지방법원 2017.10.12 2017나5372

공사대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 4, 2016, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the owner of the outdoor driving range and auxiliary facilities located in Pakistan, with respect to D and the instant golf driving range (hereinafter “instant golf driving range”). In relation to D and the instant golf driving range, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) stating that “The lease deposit is KRW 60 million, KRW 16 million, KRW 16 million, and the lease period from January 4, 2016 to December 31, 2021.”

At this time, the defendant and D paid the down payment of KRW 20 million out of the deposit for the lease deposit of KRW 60 million at the time of the contract, and the sum of the balance of KRW 40 million and the advance payment of the rent of KRW 68 million at the time of the contract and the amount of KRW 9,68 million at the time of January 31, 2016.

B. On January 29, 2016, the Plaintiff entered into a contract with D on India for the India Construction Work with the instant golf practice range by setting the construction cost of KRW 17,600,000.

After completing the construction work under the above contract, the Plaintiff settled the construction cost of KRW 14,520,000, and received KRW 2,000,000 from D.

C. Meanwhile, upon entering into the instant lease agreement, D entered into a sublease contract with five persons, including E, on the facilities inside the said golf range without giving specific notice to the Defendant.

Accordingly, although the Defendant intended to terminate the said lease agreement on the grounds of the nonperformance of the obligation under the instant lease agreement, the Defendant drafted a letter of agreement between D and D that “In order to resolve the problems of remodeling construction cost and sub-residents, the instant golf driving range will proceed to the instant golf driving range.” On June 19, 2016, the Defendant signed a sub-lease agreement between D and D that “the Defendant shall succeed to all the sub-lease agreements between five sub-lessees, such as D and E, and pay the remaining construction cost that D has not been paid to the public corporation” (hereinafter “instant written agreement”).

The plaintiff around that time, 12,520,00 won = 14,520.520.