beta
(영문) 수원지방법원안산지원 2019.08.22 2018가합6782

광고대금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

Facts of recognition

Defendant D Co., Ltd. (hereinafter “Defendant D”) acquired ownership of Gangwonyang-gun E and 35, and its ground F buildings, and subsequently performed construction works to change the use of the above building to accommodation facilities. On August 2, 2017, Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant C entered into a sales contract to sell the above land and buildings at KRW 13.5 billion.

(2) On October 20, 2017, Defendant D and Defendant C expressed their intent to terminate the above sales contract to Defendant C on the ground of the delay in the completion of the construction, and thereby, Defendant D and Defendant C expressed their intent to terminate the above sales contract on the ground that it did not interfere with the provision of the instant building as accommodation, by completing the construction for modification of accommodation necessary to obtain permission for change of the purpose of use of the building of this case.

Meanwhile, around August 2017, Defendant B (hereinafter “Defendant B”) contracted the remodeling construction of the instant building by Defendant C, and subcontracted the said construction to G around September 2017.

Defendant B’s reply on October 8, 2018 refers to the “construction subcontract agreement” attached to Defendant B’s reply. Around September 2017, the Plaintiff received from the said G a subcontract for installation works for 248 households and 320 million won for the main household and 97 households among the remodeling works for the instant building, and then ordered a main household and 38 million won for the implementation of the said installation works to H around September 2017.

On November 2017, the Plaintiff constructed a household and a three-dimensional to some of the instant units of the instant building.

On the other hand, May 29, 2018, Co., Ltd. I. on the instant land and building.