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(영문) 서울고등법원 2019.01.31 2018나2035316

약정금

Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

1. Basic facts

A. A contract for H Corporation G Co., Ltd. of H Corporation 1) In the context of “E extension and entry road construction work” (a) “F site construction work” (af site construction) “the instant construction work” (hereinafter referred to as “instant construction work”).

G Co., Ltd. (hereinafter “G”).

2) On November 2, 2015, G subcontracted part of the instant construction work to the Plaintiff Company A (hereinafter “Plaintiff A”) for the construction cost of KRW 1,244,60,000 (amount increased after the contract) and the part of the structure construction work to the Plaintiff Company B (hereinafter “Plaintiff B”) for the construction cost of KRW 1,927,805,00 (amount increased after the contract) and the portion of the household installation work to the Defendant for KRW 3,627,272,72,728, respectively.

3) The Defendant was to receive the said subcontract upon the introduction of the Plaintiffs. B. The Plaintiffs, Defendant, and D’s construction agreements, etc. (i) concluded a construction agreement with the Defendant and D on October 2015 prior to the subcontract with G (hereinafter “instant agreement”) prior to the subcontract with G, and the main contents are as follows.

(A) “A” and “B” mean the Defendant and D) 2. - The agreed amount: 2,909,430,000 won (Additional tax Map; hereinafter “instant agreed amount”): The agreed period: October 15, 2015 to August 30, 2016 - The agreed scope: see the detailed statement (attached details).

3. 3-1. Performance standards shall be fulfilled in accordance with the drawings, specifications and work instructions presented by A; and

3-9. Design Modification Gap and Eul shall make their best endeavors for the benefit of each other and settle the accounts depending on the increase or decrease in the quantity when design changes are made.

4. Transfer of rights and obligations 4-1. Neither Party A nor B of the Agreement may transfer or succeed to any rights or obligations arising under this Agreement to a third party.

provided that such agreement shall be made in writing.