logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원(춘천) 2015.07.08 2013나3021
공사대금
Text

1. The defendant's appeal is dismissed.

2. The defendant supplementary intervenor shall bear the costs of appeal from among the costs of appeal.

Reasons

Basic Facts

A. In January 201, the Defendant drafted a “construction contract sign” sign with regard to the owner of the building as to the construction work of the Defendant, the Si’s event A, the Si’s construction work, the Si’s construction work, and the construction work of the Si’s (hereinafter “instant facility”) with respect to the Si’s Gosung-gun and the Si’s Gosung-gun and the Si’s Construction Industry Co., Ltd. (hereinafter “Songsung-gun”) and the Gosung-gun and the Dang-gun’s Construction Work (hereinafter “instant construction work”); and the newly constructed condominiums as “the instant facility”).

B. Meanwhile, around January 201, A entered into a contract with G, H and I, a shareholder of the Defendant, to acquire the Defendant’s shares and management rights for at least 6 billion won, and entered into a contract with G, H and I to acquire the shares and management rights for the same year as the final payment period for the acquisition price.

3. 30. 30.

C. Since January 24, 201, the Defendant, A, and the Construction of the Myun (U.S.) entered into an agreement on the title “matters of the construction contract” (hereinafter referred to as the “instant special agreement”) with the following main contents.

Article 2. The shareholders of the owner, the executor, the contractor, and the contractor shall pay the price to the shareholders of the owner in accordance with the contract for transfer of management rights by the deadline specified in the contract for transfer of management rights. If the contractor pays the price by the deadline specified in the contract for transfer of management rights by the deadline specified in the contract for transfer of stocks and management rights, this special agreement becomes invalid.

Article 3 Executor shall conclude a contract with the contractor for construction works to conclude the remainder of the instant construction works, and shall complete the instant facility by March 31, 201, jointly with the contractor.

Where a construction executor completes the instant facility by March 31, 201, the construction owner shall decide to pay the total construction cost to the construction executor as membership of the instant facility (a settlement by the approved sale price), and the construction executor shall not request the construction owner to pay the money.

§ 5. Enforcement officer;

arrow