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(영문) 서울중앙지방법원 2015.06.29 2014가합531905

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The parties’ relationship 1) Sungnam-si Co., Ltd. (hereinafter “A”) on April 20, 2005

A) Over, Sungnam-si, Sungnam-si, Sungnam-si, B 6563m2,8m2, without compensation, and A is entitled to “A” (hereinafter referred to as “instant building”) which is a child education and cultural facility on the said land.

(2) On August 29, 2007, A signed a contract to grant A the right of free use of the instant building and its site for twenty (20) years, and on August 31, 2008, A contracted the construction of the instant building (hereinafter “instant construction”) by setting the construction cost of KRW 42.35 billion and the construction period as of August 31, 2008, and the Defendants contracted the construction of the instant building (hereinafter “instant construction”). The Defendants were awarded a subcontract for each type of construction of the instant construction from Pungma Co., Ltd.

3) From November 2007, A sold the right to use and use the instant building based on the right to use and use the instant building granted under a contract with Sungnam-si. 4) The Plaintiff is an organization established with the purpose of protecting the right to occupy and use and use the instant building from A, and filing a civil petition or lawsuit for the revitalization of the instant building business.

B. A’s default and the conclusion of this Agreement 1) A’s current account transaction was suspended due to the settlement of bills with the due date on January 12, 2009, and the payment of the contract price was not made to the subcontractor, including the Defendants. 2) Accordingly, the Plaintiff, Defendant Osung, and Hyundai Industrial Corporation delegated with the authority by the Plaintiff on July 21, 2009, constitutes 17 subcontractors including the Defendants, by inviting the Plaintiff to sell from the buyers of the right to occupy and use the instant building, and the Defendant OC and Hyundai Industrial Corporation jointly represent the 17 subcontractors, including the Defendants. The construction price is the name of the “subcontract” (hereinafter the “Council”).