logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.01.16 2014가합105326
석재대금 청구의 소
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants are the representatives of the FF Co., Ltd., and the Defendants are the persons constructing the five-story building on the ground of the Yeongdeungpo-gu E (hereinafter “instant building”).

B. The Defendants contracted the construction of the instant building to G (Representative B) Company, and G subcontracted the instant building construction to G Co., Ltd., which is represented by H among the construction of the instant building.

I received stones equivalent to KRW 78,146,200 from the F Co., Ltd. for the said tin Corporation from March 16, 2012 to May 4, 2012.

C. Meanwhile, Defendant B prepared and delivered each lease contract (a total of KRW 130 million) with respect to the instant building 509 and 510, which had yet to be completed to the Plaintiff, at the request of H around March 2012, 2012, prior to the said stone supply of the F Co., Ltd., the Plaintiff, the Defendants of the lessor, the lease deposit, the lease deposit amount of KRW 65 million, and the lease term of KRW 2 years, and each lease contract (a total of KRW 130 million). However, each of the above lease agreements stated that “the lease contract is a substitute contract related to the unpaid construction payment,” and the lessor’s seal is affixed only to the lessor.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, and 7 (Evidence Nos. 1 to 4, 6, and 7, including branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1 regarding the primary claim is that: (a) the Defendants, by preparing and delivering each of the above lease agreements to the Plaintiff, take over KRW 130 million against the Plaintiff, which occurred from the beginning of March 2012, which was irrelevant to the construction of the instant building; and (b) Defendant B, in particular, promised to pay the Plaintiff KRW 30 million out of the price of the said goods in advance and pay the remainder of KRW 100 million in installments on April 2014; and (c) the Defendants are obliged to pay the Plaintiff KRW 130 million in installments. 2) According to the above fact-finding determination, Defendant B is obligated to pay the Plaintiff KRW 130 million.

arrow