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(영문) 서울중앙지방법원 2019.07.23 2018가단5034769
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 90,700,000 won and 5% per annum from July 31, 2017 to July 23, 2019.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) Defendant C, D, and E are Defendant B Co., Ltd. (hereinafter “Defendant Company”).

2) The construction of the F-based apartment complex in Gyeonggi-gu (hereinafter referred to as the “instant construction”).

On August 10, 2015, the Defendant Company subcontracted the instant electrical construction to the Plaintiff for construction cost of KRW 126,50,000 (including surtax) during the instant construction. (2) On December 7, 2016, the Defendant Company agreed to settle the construction cost unpaid to the Plaintiff as KRW 90,700,000 and pay it to the Plaintiff within 60 days from the date of completion of the building. Defendant C, D, and E (hereinafter “the owner”) as the owner of the building jointly and severally guaranteed the Defendant Company’s obligation to pay the said agreed amount.

(hereinafter referred to as the “instant arrangement”) and Defendant C stated in the letter of commitment containing the instant arrangement that “The owner C of the building among the joint and several sureties shall affix the seal to the joint and several sureties within the scope of the share of the apartment construction work to be borne by the Defendant Company 60 days after completion of construction.”

3) On May 25, 2017, the owner of the instant construction entered into a contract with H, the representative director of the Plaintiff, for the payment of the construction cost of electrical facilities and machinery and equipment (contractor: G Co., Ltd.) on the part of the owner of the instant construction (hereinafter “instant sales contract”). On May 25, 2017, the owner of the instant construction entered into a contract with H, the representative director of the Plaintiff, to sell the I apartment house J at KRW 420,000,

(4) The Plaintiff filed the instant lawsuit seeking the implementation of the instant contract by rescinding the instant sales contract on February 20, 2018, as the Defendants did not perform their obligations under the instant contract even if they did not perform the instant sales contract.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 3, 11, Eul evidence No. 1, Eul evidence No. 2, and the purport of the whole pleadings

B. According to the facts of the above recognition 1, the defendant company is the defendant company.

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