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(영문) 서울고등법원 2016.04.22 2015나2044531
약정금
Text

1. The plaintiff who orders the payment under the following among the part concerning the defendant secta of the judgment of the court of first instance with respect to the defendant secta.

Reasons

1. Basic facts

A. On April 20, 2005, Sungnam-si offered to A (hereinafter “A”) and Sungnam-si B B B to Sungnam-si, Sungnam-si, and 6563.8m2 to A without compensation, and A concluded a contract with a children’s general educational cultural facilities (hereinafter “instant building”) to construct the said land and contribute it to the time of Sungnam-si, and as a result, to grant A the right to free use of the instant building and its site for 20 years.

B. On August 29, 2007, A awarded a contract for the instant building construction work (hereinafter “instant construction work”) by setting the construction amount of KRW 42.35 billion and the construction period as of August 31, 2008 to Pungdong Co., Ltd., Ltd., and the Defendants were awarded a subcontract for each type of construction of the instant construction work from Pungdong Co., Ltd.

C. A, from November 2007 to Sungnam-si, sold the right to occupy and use the instant building based on the right to free use of the instant building granted under the said contract with Sungnam-si.

The Plaintiff is an organization formed with the purpose of protecting the right to occupy and use the buyer and filing a civil petition, lawsuit, etc. for the revitalization of the instant building business, among the buyers who purchased the right to occupy and use the instant building from A.

E. A was suspended from the current account transaction as it was impossible for a bill whose maturity comes due on January 12, 2009, and was not paid the price for the construction to the subcontractor, including the Defendants.

F. Accordingly, Defendant Osung Co., Ltd. changed its trade name into the United Nations items;

On July 21, 2009, C delegated with authority by the Hyundai Industrial Corporation is composed of the Plaintiff and 17 subcontractors, including the Defendants, by receiving the sales price from the buyers of the right to occupy and use the instant building. The Council of Subcontractors, a group of the above subcontractors, which are joint representatives of the Defendant Osung Co., Ltd and Hyundai Industrial Corporation, is established (hereinafter “instant Council”).

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