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(영문) 서울중앙지방법원 2019.02.18 2018가단5026270

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 65,00,000 and the Defendants C and D with respect thereto from September 14, 2017 to February 21, 2018.

Reasons

1. Basic facts

A. On January 18, 2016, Defendant B and D awarded a contract for the construction of 16 households of multi-household housing (hereinafter “instant construction”) to E Co., Ltd. (hereinafter “E”) and F on the land outside of the wife-population G and on the ground of two parcels of land (hereinafter “instant construction”) on the following grounds: (a) the construction cost was determined from January 25 to June 10, 2016; and (b) the same day was determined and subcontracted to the Plaintiff on June 30, 2016 as the construction cost of the instant construction project, which was KRW 220,000,000,000, and the completion completion date of the instant construction.

B. On April 2016, the Plaintiff completed the CF loans that the Defendants contracted, but planned to receive, received only part of the construction cost.

C. The construction work of this case was not paid smoothly because the PF loans requested by the Defendants were less than the expected amount, and the Plaintiff, who was not paid the construction work, was unable to use the outer wall work site by other construction companies.

Accordingly, under the arbitration of F, the Defendants and the Plaintiff drafted a letter of commitment for the performance of the construction cost as indicated in the attached Form (hereinafter “instant performance letter”), and Defendant B paid KRW 10,000,000 to the Plaintiff on October 19, 2016 and October 21, 201.

The instant construction was completed on September 13, 2017, and the building ledger for the new building was prepared.

[Reasons for Recognition] The facts without dispute, Gap 1 to 5 evidence, part of the witness F testimony, the purport of the whole pleadings

2. The parties' assertion

A. According to the content of the Plaintiff’s statement of performance of this case, the Defendants jointly and severally are liable to pay to the Plaintiff the amount payable to the Plaintiff KRW 65,000,000 and damages for delay after the completion of the instant construction work.

B. The Defendants drafted the instant performance note with the condition of suspending the completion of the instant construction work by F, and F was entirely the construction work after the completion of the said performance note.