(영문) 수원지방법원여주지원 2020.05.13 2019가단58006

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(영문) 수원지방법원여주지원 2020.05.13 2019가단58006

약정금

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1. The part of the instant lawsuit demanding the performance of construction works shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On May 11, 2018, Nonparty C, the Defendant’s wife, ordered Nonparty D to Nonparty D the total construction cost of KRW 110,000,000,000 and the construction period of construction from June 2018 to September 2018.

B. However, D did not complete the said construction as scheduled due to financial difficulties, etc. and suspended the relevant construction on or around October 23, 2018, and C, upon settling accounts for D and construction costs on December 20, 2018, agreed to pay KRW 50,000 to Nonparty G Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”), a creditor of Nonparty F (the wife of Nonparty F), not KRW 50,000,000, in the event D and the construction cost are resumed and completed in the future.

C. Meanwhile, on January 31, 2019, the name of the owner of the said construction was changed to C in the name of the owner of the said construction work. On April 23, 2019, the Defendant drafted a letter of commitment to the Plaintiff, a member of D on April 23, 2019, stating that “The Defendant shall immediately pay to the Plaintiff the remainder, excluding the actual construction cost, out of the remainder of KRW 48,000,000,000, which remains after the remainder of the construction contract for the waiver of the construction work.” (hereinafter “instant letter of commitment”).

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 to 5 evidence (including each number), the purport of the whole pleadings

2. As to the part of the instant lawsuit’s claim for construction performance, “the Defendant shall perform the additional construction as agreed upon by the contract to the Plaintiff,” in the instant lawsuit, ex officio, cannot be deemed to have specified the purport of the claim, since the content and scope of the additional construction seeking the Defendant’s performance is unclear as to the lawfulness of the part of the claim.

3. As to the remaining claims of the plaintiff

A. The plaintiff's assertion is based on the content of the letter of undertaking of this case that the defendant exceeds KRW 48 million.

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