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(영문) 서울동부지방법원 2017.12.06 2016가합2411
공사대금
Text

1. The Defendants jointly pay to the Plaintiff KRW 353,755,000 and the interest rate thereon from October 28, 2016 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B’s reconstruction association (hereinafter “Defendant Association”) contracted the construction work of the reconstruction apartment in Dobong-gu Seoul Metropolitan Government to Defendant AS Industrial Development Co., Ltd. (hereinafter “Defendant Company”).

B. On December 13, 2012, the Plaintiff received a subcontract for the construction cost of KRW 433,000,000 from the Defendant Company for machinery and equipment and fire fighting works (hereinafter “instant construction works”).

The Plaintiff agreed that KRW 97,00,000 of the construction cost of the instant case shall be paid in cash and the remainder of KRW 336,000,000 shall be calculated as KRW 10,500 per square year for newly constructed apartment units of KRW 32 square.

C. On June 2014, if the Defendant Company did not comply with the foregoing payment arrangement, the Defendant Company agreed to transfer the ownership of 407 apartment units newly built on behalf of the Defendant Company (hereinafter “instant apartment units”) to the Plaintiff on behalf of the Defendant Company.

(hereinafter referred to as “instant accord and satisfaction agreement”) d.

After the Defendant Company’s default, the Plaintiff entered into a contract for construction directly with the Defendant Union on October 12, 2015, and increased the construction cost to KRW 455,755,000, including the additional construction cost of KRW 22,755,00.

E. On February 2, 2016, the Plaintiff completed the instant construction work, and was paid KRW 102,00,000 from the Defendant Company in cash.

F. As to the instant apartment on March 10, 2016, the registration of ownership preservation was completed in the future on March 10, 2016.

[Recognition] Facts without dispute, Gap evidence Nos. 1-19, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants were not able to complete the registration or inspection of site ownership until now with respect to the instant apartment, and thus, they did not transfer the full ownership to the Plaintiff. The instant payment agreement should be deemed impossible.

Therefore, the defendants are liable to pay the unpaid construction cost of KRW 353,755,00 = 455,755.

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