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(영문) 서울중앙지방법원 2018.05.29 2017가단5067069

공사대금 등

Text

1. Defendant Kuwon L&C Co., Ltd.: KRW 35,000,000 and its amount from January 24, 2017 to April 6, 2017.

Reasons

1. Under the facts based on the facts, the above Defendant led to confession between the Plaintiff and the Defendant Kuwon L&P (hereinafter “Defendant Company”) and the Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”), and there is no dispute between the parties between the Plaintiff and the Defendant and the Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”), or by taking account of the overall purport of the arguments in the inquiry reply to the Minister of Court Administration’s fact-finding.

On April 26, 2014, the Plaintiff entered into a contract with the Defendant Company at KRW 1,998,000,000 for the civil engineering works on the access roads adjacent to the said land, among new construction works of the “Yang Chang-gu Hotel hotel” (hereinafter “instant hotel”) comprised of the two underground floors and ten floors above the ground, on the Myeondododododo-919-2, Do-138 square meters and 15 square meters (hereinafter “instant land”).

After that, the Plaintiff entered into a contract to change the construction cost of KRW 200 million on September 17, 2015 due to the occurrence of additional construction works related to the said construction, and determined the time of payment within one month from the date the approval for use of the instant hotel was obtained.

B. The Plaintiff completed both the instant construction and additional construction, and the construction cost was paid by the Defendant Company, but the additional construction cost was not paid.

The hotel of this case obtained approval for use from the competent authorities on December 23, 2016.

Article 14 (Project Owners, Liability Matters, etc.) (1) A trustee shall have the rights and duties as a project owner or project owner within the scope of trust property.

(2) A trustee shall enter into any service contract as a project owner or project owner.

Provided, That where a truster has already entered into a contract, he/she may succeed the contract.

(4) Access roads, public facilities, educational facilities, etc. meeting the conditions of authorization and permission for construction.