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(영문) 서울중앙지방법원 2016.05.20 2015가합530343

공사대금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Circumstances leading to the instant case;

A. On April 10, 201, the Defendants purchased the land and above ground buildings in Gwanak-gu in Seoul Special Metropolitan City from F and G as the broker of E, a licensed real estate agent, and completed the registration of ownership transfer on July 29, 201 with respect to the above land and buildings (hereinafter “instant building”) (Defendant C equity 67/100, Defendant D equity 33/100).

B. The Defendants planned new construction, extension, and remodeling of the instant building, which is a commercial building, for a long time.

However, I was operating a restaurant under the trade name of “J” by leasing the second floor of the instant building, and the term of lease was set by February 2, 2017, and the Defendants could not engage in new construction, extension, and remodeling without I’s consent.

C. E was aware of the Defendants’ plans for new construction, extension and remodeling while managing the instant building.

I means that K, a type of sale of the I, "A contracting the construction, extension, and remodeling of the building of this case to the plaintiff B", I would like to persuade the plaintiff B to consent to the Corporation.

The plaintiff B was introduced as "," and the plaintiff D.

E, around March 2014, sent K's above proposal to the Defendants, and introduced Plaintiff B.

Plaintiff

B and the Defendants, on June 17, 2014, are “the instant construction work” for the extension and remodeling of the instant building owned by the Defendants.

As to the contents of the contract for construction work as follows:

The contract under the above construction contract is "the contract of this case".

(i) [Standard Contract Agreements for Private Construction Works].

3. Date of commencement: June 14, 2014.

4. Date scheduled for completion: September 30, 2014.

5. Contract amount: The date of commencement of construction work and the date of completion shall be the date specified in the contract, respectively, of KRW 770,000 (Won 770,000) (excluding value-added tax) (1) Article 9 (General Conditions for Standard Contract for Private Construction Works) (1)

(2) "B" shall not begin on the date of commencement of construction work without any cause attributable to "B".