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(영문) 서울중앙지방법원 2018.04.20 2017나41407
약정금
Text

All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and the counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

Reasons

Basic Facts

A. In the event that the construction was discontinued due to the failure of Altienna Construction Company, the contractor of the said construction, the Plaintiff, as a contractor for the said construction of a multi-household in Dongjak-gu Seoul Metropolitan Government, the Plaintiff, around March 201, set the construction period as KRW 175,00 for the construction work of the said multi-household new construction (hereinafter “instant construction”) from March 28, 201 to May 10, 201, to F in the construction period (excluding value-added tax).

(hereinafter “instant contract”). (b)

At the time of the conclusion of the instant contract, the Plaintiff and F agreed to pay the remainder after paying the materials cost brought into the construction site without down payment after deducting the amount paid from the construction cost (Article 5(1)), and F agreed to provide a subcontract for the instant construction work with the consent of the Plaintiff, but F agreed to be a joint and several surety by entering into a contract with the subcontractor and the Plaintiff under the name of the Plaintiff.

(Article 9). (c) of the Agreement.

According to the instant contract, the Plaintiff entered into each of the following contracts with F’s subcontractors.

A stone construction work is a construction work included in other construction items provided for in the instant contract.

Plaintiff G 14,000,000 won for electrical construction works (excluding value-added tax), Plaintiff G 15,000,000 won for construction works (excluding value-added tax) Plaintiff 18,000,000 won for construction works (excluding value-added tax), Plaintiff J 7,000,000 for construction works (excluding value-added tax), Plaintiff J 42,000,000 for non-permanent, waterproof, and ton construction works (excluding value-added tax)

D. On June 1, 201, the Plaintiff obtained approval for the use of the instant multi-household housing.

E. Meanwhile, on the other hand, the F died on December 24, 2012, and the heir is Defendant B, Defendant C and D, who is the spouse.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, 9, 17, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The plaintiff's assertion.

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