(영문) 부산지방법원 2015.08.13 2013나22000

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(영문) 부산지방법원 2015.08.13 2013나22000

약정금

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The defendants' lawsuit taking place.

Reasons

1. Facts of recognition;

A. On August 3, 2011, B entered into an extension project agreement with C, which is a constructor of construction, in Busan Metropolitan City, (hereinafter “instant construction”) and determined on October 6, 201 as the contract amount of KRW 290,000,000 and the scheduled completion date of construction works.

B. As the completion of the instant construction is delayed, C demanded the payment of the construction cost to B as additional construction cost is required, and upon C’s request, the Plaintiff paid the construction cost to the subordinate companies of the instant construction in lieu of B.

C. On March 26, 2012, the Plaintiff, B, and C drafted a payment note stating that “The Defendant, as the owner of the building, promises the Plaintiff to pay the Plaintiff the total amount of the payment not later than April 15, 2012, with respect to E construction costs borrowed from the contractor C of the building as additional construction costs” (hereinafter “instant payment note”), and the original of the said payment note was possessed by B.

B (hereinafter “the deceased”) died on May 2, 2015 while the instant lawsuit was pending, and Defendant G and H inherited the property as the wife of the deceased, Defendant F and the deceased.

[Ground of recognition] Facts without dispute, entry of evidence A1, 5, and 6, testimony of witness C of the first instance trial, purport of whole pleadings

2. The plaintiff alleged by the parties that the deceased agreed to pay the construction cost of KRW 60 million, which the plaintiff subrogated to the plaintiff, and the defendants who inherited the deceased are liable to pay to the plaintiff the agreed amount of KRW 60 million under the above payment note, and the defendants asserted that they are liable to pay the plaintiff the agreed amount of KRW 60 million under the above payment note, and they did not think that the payment note in this case was invalid immediately after the deceased signed and sealed it, and that there was no fact that the deceased immediately discarded it and delivered it to the plaintiff. Thus, the plaintiff's declaration of intent stated in the payment note in this case cannot be deemed as completed.

3. Determination

(a) the instant letter of payment.

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