logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2016.07.20 2016가단70205
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,595,320 and the interest rate of KRW 15% per annum from January 27, 2016 to the day of complete payment.

Reasons

1. The following facts are acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1 to 4 and 7.

A. 1) B reconstruction and maintenance project association (hereinafter “B association”) under the contract, etc. for the subcontract of construction works of Sungwon C&C Co., Ltd.

A) A partnership established to implement a residential environment improvement project that newly constructs a reconstruction apartment in Yeongdeungpo-gu Seoul Metropolitan Government C Group, and around June 2009, he/she is a reconstruction apartment B (hereinafter “instant apartment”) to the Defendant.

2) During the construction of the instant apartment complex, Sungwon Co., Ltd. (hereinafter “Seowon”) awarded a subcontract from the Defendant for the construction cost of metal, windows, and glass construction (hereinafter “instant construction”) during the construction of the instant apartment complex by setting the construction cost of KRW 419,493,660, and the construction period from June 4, 2012 to April 30, 2013.

However, on August 21, 2013, the non-party company and the Defendant agreed to change the construction cost of the instant construction work into KRW 436,595,320, and the deadline for completion until July 5, 2013.

3) Meanwhile, on March 14, 2013, the non-party company (hereinafter “D”) separately from the defendant for D reconstruction apartments (hereinafter “D”).

(B) From March 18, 2013 to May 30, 2013, the construction period of the new construction project, the construction cost of metal and windows was set at KRW 287,00,000, and the construction period was subcontracted. (b) B association and the Defendant, on February 18, 2013, set up a sales contract to sell the instant apartment Nos. 101, 202 (hereinafter “instant real estate”) to the Nonparty Company for KRW 495,00,000,000.

2) On August 30, 2013, the apartment of this case received authorization of completion on or around July 2013 after completion of construction work around June 2013, the Defendant entered into a construction substitute payment agreement (hereinafter “instant substitute payment agreement”) stating that the ownership of the instant real estate is transferred, instead of the payment of KRW 188,595,320, totaling KRW 50,320, and KRW 138,595,320, out of the accounts payable for the instant construction work payment, among the accounts payable for the instant construction work payment and KRW 138,59,320 (hereinafter “instant substitute payment agreement”).

arrow