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(영문) 서울서부지방법원 2015.12.11 2015가단17930
공사기성금 지급약정금
Text

1. Defendant B’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 6% from April 10, 2015 to September 11, 2015, and September 12, 2015.

Reasons

1. Facts of recognition;

A. On October 24, 2013, the Plaintiff entered into a subcontract with Defendant B, the owner of the building, to pay sewage according to the terms of the commencement of the construction project between E (the name of the business entity: F) and E (the date of the commencement of the construction project, the date of completion shall be Oct. 7, 2013; the contract amount shall be KRW 3.5 million per square meter of the building area; the contract amount shall be determined as KRW 70 million after the completion of the construction; and the remainder within 20 days after the completion of the construction; and the subcontract shall be concluded with the terms of the payment of sewage according to the terms of the aggregate and septic tanks among the construction works (hereinafter “instant construction”).

B. In the course of the Plaintiff’s proceeding to the instant construction, E waived the instant construction of the building, and on December 31, 2013, Defendant C (Business Name: G) decided to succeed to the said construction of the building. H and Defendant C’s agent, the actual owner of the building, and I, the actual operator of Defendant C, on January 23, 2014, were the Plaintiff.

1.Any act relating to the payment of progress payment after completion by a subcontractor (other than a framework and septic tank) designated by G which is the original contractor of the said project;

2. Payment for completed portion: Three million won in full, “I comprehensively consent to the persons so consented in respect of the site as above.”

The letter of consent to the payment of the pre-payment stated " was prepared in the joint name as a project owner and the contractor and issued it to the plaintiff.

C. Defendant B obtained approval on April 9, 2015 for the use of the building that was newly constructed as the new construction of the instant building, and completed registration of the preservation of ownership on April 21, 2015.

【Ground for Recognition: Each entry in Gap evidence 1 to 7 (including each number of documentary evidence) and the purport of the whole oral argument】

2. According to the facts acknowledged prior to the determination on the claim against Defendant B, Defendant B, as the owner of the building, gave the Plaintiff a written consent of payment on January 23, 2014, after the first contractor, E, the subcontractor, renounced the construction of the instant building.

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