logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.27 2016나773
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

A. The following facts do not conflict between the parties, or each of the statements set forth in Gap evidence Nos. 1 to 3, and No. 1 and 2, may be admitted by considering the whole purport of the pleadings as a whole:

1) The Defendant, as the owner of the building, is the building owner of the second class neighborhood living facilities building (hereinafter “instant building”) on the land of the land outside C and two parcels of land.

2) The construction project newly constructed (hereinafter referred to as “instant construction project”)

(2) In the process of implementing the construction project, the Plaintiff, a construction business entity, was awarded a contract for the steel frame and the board construction project in the instant construction project, and the Plaintiff received payment from the Defendant for the relevant construction project and completed construction works, and the Plaintiff was directly in charge of the relevant construction project. Accordingly, the Plaintiff performed the steel frame and the board construction project in the instant construction project. (2) On January 7, 2015, the Plaintiff and the Defendant: (a) written a joint performance note (hereinafter “each of the instant reports”) with the following contents; and (b) entrusted D with the authority to commission D to prepare the certificates of each of the instant reports; and (c) on the same day, D, a notary public entrusted a law firm with the preparation of a certificate to the law firm rate, thereby making the certificates of each of the instant reports.

Both compliance notes

1. The Defendant completed the completion of the construction for the building of the Fdong-si Eri (Fdong-dong) and two lots of ground factory, and pays KRW 23,000,000 to the Plaintiff along with the establishment of the first priority collective security right.

(Account Number: City Bank G) (2) 5,140,00 won for H equipment nominated by the Plaintiff, and 5,058,700 won for I material also shall be paid at the same time as the payment is made to the Plaintiff.

(3) In relation to the above construction works, a steel panel and a board shall not be responsible for the remainder of defects works.

2. The Plaintiff shall accept the Defendant’s statement (1) to a notarial office, and at the same time, the Plaintiff shall receive it from the pertinent office.

arrow