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(영문) 서울서부지방법원 2015.07.17 2013가단21423
점유회수
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On May 21, 2010, the Plaintiff (Appointed Party) entered into a contract with the owner of the building to solely or jointly construct multi-household and neighborhood living facilities (hereinafter “the instant loan”) on a fixed basis as between the contract price of KRW 1.39,215 million and the construction period from May 27, 2010 to December 30, 2010 with the owner of the building, as the owner of the building, as the sole or joint owners of the land located in Yongsan-gu Seoul Metropolitan Government T, U, and V’s site.

B. On May 31, 2010, S entered into a subcontract with the Plaintiff (Appointed Party) for construction costs of the instant loan facilities and fire-fighting works, which is KRW 12 million (excluding value-added tax) and the construction period from May 31, 201 to July 31, 201.

C. On May 31, 201, R entered into a subcontract with the Plaintiff (Appointed Party) to enter into a contract with the amount of KRW 380,000,000 construction cost and the period of construction from June 1, 201 to December 20, 201 with respect to interior works, such as the windows, metal, light weight, wooden, and typ, of the instant lending.

On March 3, 2012, the owner of the building (Appointed) terminated the instant construction contract with the Plaintiff (Appointed Party) on the grounds of the delay and discontinuance of construction works by the Plaintiff (Appointed Party) on or around April 3, 2012, and changed the Si construction work into the commercial Ess. Since then, the owner entered into a new construction contract with the Plaintiff (Appointed Party) and the construction company that entered into a subcontract with the Plaintiff (Appointed Party), but did not conclude a re-contract with R and S.

E. A project owner occupied the instant construction site on or around March 2012 due to the suspension of construction works on the part of the Plaintiff (Appointed Party). However, the entrance of the instant construction site to provide the building owner for the passage necessary for the improvement and repair of neighboring houses on July 23, 2012, asserting that R and S did not receive subcontract consideration from the Plaintiff (Appointed Party).

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