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(영문) 서울남부지방법원 2019.11.29 2019가단228708

하도급대금 직불금

Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 100,000,00 and Defendant B with respect thereto from March 5, 2019, and Defendant C, J, K, and K.

Reasons

1. The Defendants, as the owners of the Namyang-si Port, entered into a construction contract with P Co., Ltd. (hereinafter “P”) on the construction amount of KRW 5,893,70,00,00 with respect to construction works of officetels and new construction works of neighborhood living facilities (hereinafter “instant construction works”) on the said land, on April 17, 2017, as the Defendants, filed a claim against Q, R, S, T, U, V, X, X,Y, and Z, including the Defendants, with an order to dismiss the application was issued on April 17, 2017. (hereinafter “Defendant B and 22”)

Defendant B and 22: (a) around March 2017, the trustor and beneficiary of the instant construction project; (b) concluded a management-type land trust agreement with AA Co., Ltd. (hereinafter “A”) on the following terms (hereinafter “instant trust agreement”); and (c) A succeeded to the construction contract between Defendant B and 22 and P.

Article 13 (Contract for Construction Works) (1) A trustee shall enter into a contract for construction works with a contractor.

Provided, That if there is a public contract which has already been concluded between the truster and the contractor, it may be succeeded.

(3) Where a trustee fails to pay the construction price with a new house property, the truster shall be responsible for the payment of the price for public works to the contractor.

Article 14 [Project Owners, Liability Matters, etc.] (1) A trustee shall have the right as a project owner or project owner within the scope of trust property and shall contain any obligations.

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

Provided, That if a contract has already been concluded by the truster, the contract may be succeeded.

(3) Where a trustee fails to pay service expenses under paragraph (2) with trust property, the truster shall be liable to pay the service expenses.

Article 22 (Bearing of Expenses for Management of Trust Affairs) (1) The following expenses shall be borne by the truster:

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