(영문) 서울중앙지방법원 2017.05.31 2014가단144861

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(영문) 서울중앙지방법원 2017.05.31 2014가단144861

약정금

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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) B are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. In the event that the instant construction was interrupted due to the nonperformance of Altijin General Construction Company, the contractor of the Dongjak-gu Seoul Metropolitan Government E Multi-household Construction Corporation (hereinafter “instant construction”), the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”), the construction period for F and the completion of the instant construction work (the scope of the construction work is equipment, windows, waterproof, waterproof, ston, wood, wood, electricity, and other construction), from March 28, 2011 to March 28, 2011.

5. By October, 198, the construction cost is KRW 175,00,00 (excluding value-added tax) and the construction contract was concluded with the purport that the Plaintiff shall pay the materials cost and pay the balance after deducting the amount from the construction cost (hereinafter “instant contract”).

In the contract of this case, F may enter into a subcontract with the consent of the plaintiff, but F agreed to enter into a contract in the name of the plaintiff and joint and several sureties.

B. Under the instant contract, the Plaintiff concluded the following contracts with F’s subcontractors.

In the case of Plaintiff G 14,000,000 won for electrical construction works (excluding value-added tax), Plaintiff H 15,000,000 won for construction works (excluding value-added tax), Plaintiff J 7,000,000 for construction works (excluding value-added tax) and Plaintiff J 7,000,000 for construction works (excluding value-added tax), Plaintiff J 18,000,000 for construction works (excluding value-added tax), which is part of other construction items set forth in the instant contract (excluding value-added tax).

C. On June 1, 201, the above multi-household house was approved on June 1, 201.

The F died on December 24, 2012, and the heir is the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) B and Defendant C and D, who are the wife.

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

2. Determination on the main claim

A. For the following reasons, F must return a total of KRW 40,494,500 for the following reasons:

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