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(영문) 인천지방법원 부천지원 2021.01.29 2020가합100320
약정금
Text

1. The Defendants shall be jointly and severally liable to the Plaintiff A, and KRW 15,562,426, and KRW 44,464,076, and Plaintiff Co., Ltd.

Reasons

Based on the facts, 17 persons, including the Defendants, engaged in the business of newly constructing and selling W apartment units (hereinafter “the instant business”) on the V and 4 parcels in Bupyeong-si, Seocheon-si, and entered into a contract with X (hereinafter “X”) with respect to the said new apartment construction (hereinafter “instant construction”).

Defendant T was the former representative of the instant association for the instant business (hereinafter “instant association”) and resigned on April 12, 2019, and thereafter Defendant U U was selected as the representative of the said association.

X entered into a subcontract for the instant construction project with Y Co., Ltd. (hereinafter “Y”), and Y re-subcontracted the instant construction project to construction business operators, including the Plaintiffs.

The re-contractors, including the plaintiffs, tried to exercise the right of retention at the construction site of this case because they failed to receive the payment of the construction cost. However, the instant association prepared a letter of the waiver of the right of retention and the transfer at the site (building) around November, 2018 to December.

On January 31, 2019, the instant association, X, Y, and the instant sub-subcontractors of the instant construction project, including the Plaintiffs (hereinafter “instant association”) entered into an agreement with the instant association and X on the direct payment of the construction cost, etc. to the creditors, including the Plaintiffs, within the scope of KRW 610,00,000,00, and entered into the “Agreement on the Direct Payment of the Construction Price” with the following contents.

At the time the agreement was reached, the representative of the association of this case

T has jointly and severally guaranteed the obligation under the above agreement of the instant association (hereinafter referred to as the “direct payment agreement for the construction cost”): The ordering person of the instant construction project shall agree, without objection, to the payment of each construction cost incurred under each construction contract between the ordering person, contractor, sewage supplier, and re-contractor in connection with the instant construction project and 16 (Representative T).

With respect to each work performed by a sewage supplier, the contractor shall be the sewage supplier.

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